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M/s M.K. Shipping Services Versus Commissioner of Customs (General) , Mumbai

2015 (12) TMI 1198 - CESTAT MUMBAI

Revocation of CHA Licence - Held that:- under Rule 41, this Tribunal has limited power to exercise and pass any order to give effect in relation to its order or to prevent abuse of its process order to secure end of justice. It provides that the Trib .....

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he four corners of Rule 41. Therefore it is beyond the jurisdiction of the Tribunal to pass stay order in a case wherein CHA Licence was revoked by the Adjudicating Authority. Moreover passing stay order from operation of impugned order will be as go .....

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therefore of the view that stay order of this Tribunal could not be passed under Rule 41 particularly in case of revocation of CHA licence - Stay denied. - Appeal No. C/MA (ORS)/93934/15, Application No. C/86209/15 - Misc. Order No. M/4729/2015-WZB/C .....

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staying operation of the Impugned Order. 2. Shri. Shri. Ashok Kumar Singh, Ld. Counsel for the appellant made detailed submission on merit of the case along with various judgments. 3. Shri. A.K. Singh, Ld. Addl. Commissioner (A.R.) appearing on beha .....

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sent case stay cannot be granted. 4. On careful consideration of the submissions made by both sides, we do not incline to go in the details in the merit of the case at this stage as we have to pass order only on the Stay Application. The issue involv .....

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of CHA licence is not like a case of demand of duty. In case of demand of duty, if the stay is granted, only effect will be that the recovery stand stayed till the disposal of final appeal but that does not mean, demand confirmed in the order appeale .....

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operate his business as CHA. We find that there is no provision for granting stay against such order. At the most we see that order can be passed that can be under Rule 41 of the CESTAT Procedure Rule which is reproduced below: RULE 41. Orders and di .....

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, it is very clear that under this rule this Tribunal has limited power to exercise and pass any order to give effect in relation to its order or to prevent abuse of its process order to secure end of justice. It provides that the Tribunal can only p .....

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