9911796707
TMI Blog2010 (6) TMI 811X X X X Extracts X X X X X X X X Extracts X X X X ..... The challenge in the impugned order is to suspension of appellants CHA licence on the ground that they have handled 3 bills of entry filed on behalf of the importer declaring the goods as unbranded mobile phones and other items, whereas the same were found to be mobile accessories of prominent brands viz. Nokia, HTC, Sony Ericsson and Blackberry etc. The Commissioner has observed that the appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ready suffered for 7 months which should be considered as sufficient punishment. He also clarified that the appellant worked as CHA even during the in between period, when earlier suspension was set aside by the Tribunal and the same was again suspended by the Commissioner vide his impugned order, there is no complaint of any irregularity found against them. The appellant has handled the cargo of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... branded nature of the goods was not declared as a conspiracy, in which case immediate suspension of CHA is called for. 3. After appreciating the submissions made by both sides and after taking into account the nature of allegation made against the CHA and the fact that CHA has been working for the last 18 years without any case against them and has handled the goods worth crores of rupees, I am o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orters and importers. In the present case, I find that the goods were found to be the same as declared by the importer and it may not be possible for CHA to find out as to whether the same were branded or not. In view of the above, I set aside the suspension order by the Commissioner and allow the appeal with consequential relief to the appellant.
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