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Shri Amit S. Momaya Versus Commissioner of Customs

2016 (11) TMI 850 - CESTAT MUMBAI

Debarring of CHA from undertaking any customs work in the said Custom House - contravention of Customs Brokers Licensing Regulations - Held that: - the preliminary objection taken by learned D.R. that no appeal lies against the administrative order is incorrect inasmuch as the letter issued by the office of the Principal Commissioner of Customs specifically refers to the show-cause notice issued by DRI and also the inquiry conducted against M/s. DVS under CBLR which would amount that the activit .....

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ng of the employees under any provisions of the Regulations. The employee of the CH Agents firm are issued with identity passes by the Asst. Collector and cancellation of any identity passes was not the issue before the Collector. Moreover both these appellants were neither party to the proceedings in terms of the Custom House Agents Regulations, nor were they issued notices, proposing revocation of their passes. Hence the order contained in Para 23 adversely affecting these two appellants has b .....

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C/86126/16 - A/93543/16/CB - Dated:- 20-10-2016 - Mr. M.V. Ravindran, Member (Judicial) And Mr. Raju, Member (Technical) Shri Anil Balani, Advocate for appellant Shri M.K. Mall, Asst. Commr (AR) for respondent ORDER Per M. V. Ravindran This appeal is directed against order-in-original No. S/8-28/2014-15/CBS dated 29.02.2016 vide which the office of the Principal Commissioner of Customs (General), Customs Broker Section, New Custom House, Mumbai has debarred appellant from undertaking any customs .....

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proved and hence action initiated against him was dropped but recommended action against Shri Amit S. Momaya, Director of the Customs Broker firm. Consequent to such recommendation the office of the Principal Commissioner of Customs debarred the appellant by impugned order. 4. Learned Advocate appearing for appellant would submit that the action taken by the Office of the Principal Commissioner of Customs is not in accordance with the law as no show-cause notice was issued to him before debarrin .....

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appellant herein has been held as a person who had involved himself in the alleged firm which was involved is depriving Government legitimate duty. 6. On consideration of the submissions made by both sides, we find that the preliminary objection taken by learned D.R. that no appeal lies against the administrative order is incorrect inasmuch as the letter issued by the office of the Principal Commissioner of Customs specifically refers to the show-cause notice issued by DRI and also the inquiry c .....

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