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TMI Blog2008 (6) TMI 612X X X X Extracts X X X X X X X X Extracts X X X X ..... peal against the order passed by the Commissioner of Customs whereby CHA licence of the appellant was suspended as per the provisions of Regulation 20(2) of Customs House Agents Licensing Regulations, 2004. 3. The present impugned order is passed in pursuance to the order passed by the Tribunal. The Tribunal held as under:- "Taking all the facts and circumstances of the case and the gravity of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e suspended where an enquiry against such agent is pending or contemplated. The submission of the appellant is that the licence was not suspended immediately, therefore, the impugned order is not sustainable. The appellant relied upon the following decisions of the Hon'ble Bombay High Court:- (1) CC vs. Burieigh International reported in 2008 (226) ELT 49. (2) CC vs. National Shipping Agency ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as the charge of forgery which is base of the suspension is now set aside by the Commissioner (Appeals), therefore, the order is not sustainable. 6. The Revenue submitted that in this case the goods were imported by declaring the same as automatic data processing machine whereas subsequently the same were found to be plasma monitor. Investigation was conducted and the adjudicating authority vide ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lied upon the decision of the Hon'ble High Court in the case of Sindhu Cargo Services Ltd. vs. CC reported in 2006 (203) ELT 218. The contention is that the order of suspension pending enquiry cannot be considered as an order of punishment. The contention is also that show-cause notice for revocation of licence under Regulation 20(1) of Regulations has already been issued on 18.7.2006 to the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... forgery and mis-declaration of goods by the adjudicating authority against the appellant and the impugned order was passed immediately after passing the adjudication order. The appellant filed appeal and the Commissioner (Appeals) reduced the penalty and the appellant's appeal against the Commissioner (Appeals) order is still pending with the Tribunal. Therefore, the allegation against appella ..... X X X X Extracts X X X X X X X X Extracts X X X X
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