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2015 (12) TMI 1046 - CESTAT CHENNAI

2015 (12) TMI 1046 - CESTAT CHENNAI - TMI - Suspension of CHA License - Appellants were prohibited to operate at Mumbai Customs Commissionerate - Held that:- Present case is squarely covered under the Hon’ble High Court order in appellants' own previous case, where we find that the adjudicating authority after suspension of the license SCN has been issued under Regulation 20 for revocation of license, which was before the Hon’ble High Court and the Hon’ble High Court set aside the entire proceed .....

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neous applications for stay and early hearing of the case. In view of the Hon ble High Court of Madras Order dated 27.10.2015, after disposing both the applications, we take up the appeal itself for hearing. 2. The brief facts of the case are that the appellants are Custom House Broker registered with Chennai Customs House and allowed to operate at Mumbai Commissionerate under Regulation 7 (2) of CBLR, 2013. Vide Order No.66/2014-15 dated 02.02.2015, the appellants were prohibited to operate at .....

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0.2015 and submits that the Hon ble High Court in a batch of writ petitions including the appellant s writ petition, set aside the SCN issued by the Commissioner of Customs, Chennai. He submits that the Hon ble High Court has set aside the proceedings and they are in the present appeal is only against the suspension. He drew the attention of the Bench to the Order of the Honble High Court at para 3a, 52, 54, 56 and submits that para 3a pertains to their case which is before the Tribunal. He ple .....

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ts. The Hon ble High Court has discussed the facts in detail, which is reproduced as under:- a. WP. No. 15849/2015:- The order of the Mumbai Customs commissionerate, dated 02.02.2015, prohibiting the petitioner from operating as a customs broker was received by the respondent on 09.02.2015 and in view of the undervaluation in the 10 Bills of Entry, the goods were seized on 10.12.2014. The IEC code does not belong to the importer and voluntary statements have been given by the importers and the o .....

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13 and the same was confirmed after enquiry on 25.05.2015. The notice would be in time if the Saturdays, Sundays and public holidays are excluded ad the said time limit is only directory and not mandatory. The learned counsel for the petitioner requested the respondent not to take any action as the appeal before the CESTAT Mumbai is pending and it is only for that reason, no action was taken against the petitioner and being a Customs House Agent Licensee, the petitioner has misused his position .....

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e. (iii) the regulations do not define the word offence report and in the absence of any such definition, it can only be from the date of knowledge of the offence as held by this court in 2014 309 ELT 433 in para 17. (iv) That the power under Regulation 18 and 20 dehors the power under Regulation 19 and the provisions of the Customs Act as evident from the reading of the Regulation 18 and 19. And upon perusal of the letters of the counsel for the petitioner in WP No. 15849/2015, this court is .....

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