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Bhalinder Singh Mann Versus Commissioner of Customs (Gen)

2016 (5) TMI 82 - CESTAT NEW DELHI

Suspension of CHA licence - Appellant acted in a irresponsible manner and failed to fulfill the obligation under Regulation 11(a), 11(d) and 11(n) of CBLR, 2013 - Held that:- though this suspension was confirmed on 24.4.2015, till now no proceedings .....

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n, so, the continuation of suspension is not legally sustainable and accordingly, the impugned order is set aside. - decided in favour of appellant - Customs Appeal No. 52457 of 2015 - Final Order No. 51297 /2016 - Dated:- 6-4-2016 - MS ARCHANA WADHW .....

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gainst the order of the Commissioner of Customs (General) New Delhi dated 24.4.15, confirming the suspension of the Customs Broker license of the appellant. The said order was issued on the ground that appellant acted in a irresponsible manner and fa .....

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as found that the importer had declared glass chattons as glass beads and in excess quantity. Based on preliminary investigation by the officers, the impugned order was passed by the Commissioner. The said order is challenged both on merits as also o .....

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nts submitted by importer. As the Customs Broker, they cannot be put to any penal liability even if there was some mis-declaration done by the importer, as long as the Customs Broker has followed the conditions and the obligations prescribed under CB .....

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d 24.4.2015. Though the show cause notice in terms of Customs Act, 1962 has been issued on 18.11.2015, no notice or proceedings have been initiated under Regulation 22 of CBLR, 2013 till date. 2. The continuation of suspension of their license has to .....

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valid reasons as mentioned in impugned order. It is premature on the part of the appellant to approach the Tribunal as the enquiry proceedings under CBLR has not been completed. 4. We have heard both the sides and perused the appeal records. The admi .....

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sions of CHLR, 2013. The Tribunal in the case of Gunjan Sharma vs. CC, New Delhi [2015 (318) ELT 513 (Tri-Del)] held that in such situations the suspension order is not sustainable. Similar view has been taken note of in the case of Eagle Shipping Ag .....

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