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M/s. Sevenways Shipping Services Versus The Commissioner of Customs

2016 (3) TMI 771 - MADRAS HIGH COURT

Writ petition - Validity of order - Passed in violation of natural justice - Suspension of CHA licence by invoking provisions of Regulation 20(2) of the Customs House Agent - Enquiry conducted without issuing any show cause notice under section 22(1) ibid and an opportunity of personal hearing - Held that:- there is clear violation of principles of natural justice. Therefore, the petitioner should be given relief in the writ petition filed under Article 226 of the Constitution of India and the T .....

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iolation of principles of natural justice. The petitioner was issued with the Customs House Agent Licence No.R-522/CHA issued by the respondent with validity upto 19.03.2014. On 06.07.2012, the respondent invoking the provisions of Regulation 20(2) of the Customs House Agent Licensing Regulations, 2004, ordered for suspension of petitioner's CHA licence, however, afforded an opportunity of personal hearing to the petitioner on 25.07.2012. The petitioner appeared for the personal hearing thro .....

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ensing Regulations, 2004 and the petitioner had completely failed in fulfilling his obligations under the Regulations. Aggrieved over the suspension order, the petitioner filed statutory appeal before the Customs, Excise and Service Tax Appellate Tribunal, Chennai, along with an application for early hearing by the Tribunal. 3. According to the petitioner, though the petitioner's appeal was listed for hearing from time to time, the same was not taken up for hearing. On 16.09.2014, when the m .....

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ent, by the impugned order dated 02.09.2015, revoked the licence under Regulation 20(7) of the Custom Broker Licensing Regulations, 2013, since the licence is valid only upto 19.03.2014. 5. Though the appeal preferred by the petitioner as against the order of suspension was pending, an Enquiry Officer was appointed by the respondent, however, no show cause notice in respect of such enquiry as contemplated under section 22(1) of the Customs House Agent Licensing Regulations, 2004 was issued to th .....

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