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2015 (10) TMI 2501 - KERALA HIGH COURT

2015 (10) TMI 2501 - KERALA HIGH COURT - 2016 (332) E.L.T. 241 (Ker.) - Restoration of Customs Broker's licence - Learned Standing Counsel submitted that since the matter is pending before the Tribunal, it is not proper for this Court to issue a mandamus to restore the licence. It is pointed out that the matter has not attained finality - Held that:- final order regarding the restoration shall be passed by the Tribunal after the opinion of third Member. However, as an interim measure, this Court .....

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the Petitioner : Sri P A Augustian, Sri M A Baby For the Respondent : Sri John Varghese, SC Cen. Board of Excise, Sri Thomas Mathew Nellimoottil, SC CB Excise ORDER Petitioner-M/s.Marks Logistics is working as Customs Broker in Cochin. The petitioner's licence has been revoked by the Commissioner of Customs/the first respondent. This was challenged by the petitioner before the Customs,Excise & Service Tax Appellate Tribunal, South Zonal Bench, Bangalore. 2. It was heard by the two Member .....

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ct and the point of difference of opinion of forfeiture of security can be resolved by the third Member. However, on going through the order signed by the learned Member (Technical), it is seen that following differences of opinion emerge:- (i) When both the Members have set aside the revocation of the licence, whether the appellant's licence should be restored with immediate effect or the same would become operative from the date of deposit of the fresh security amount of ₹ 75,000/-, .....

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