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2018 (4) TMI 684

blish that there was no emergency to suspend the license immediately. Therefore, the suspension of license is not necessary - The very fact in that case was that the alleged violation is of year 2005 as the import had taken place in Sept, 2005 and order of suspension was issued on 30.10.2006, which indicated that there was no emergency, which required license to be suspended. - The Hon’ble Bombay High Court in the case of National Shipping Agency [2006 (2) TMI 306 - CESTAT, MUMBAI] held that power of suspension is emergent power to be used in those cases where it is required that CHA license to be immediately suspended. - Appeal allowed - decided in favor of appellant. - C/85682/2018 - A/85690/2018 - Dated:- 21-3-2018 - Shri Ramesh .....

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CB license till 30.1.2018. This shows that the department considered the case is not very serious particularly against the Customs Broker, therefore, the suspension of the license was not warranted. 2.1 He further submits that the continuation of suspension of license would irreparable and cause the appellant into huge loss of business and affect the livelihood of 20 employees, which will cause irreparable damage to the appellant. In support, he placed reliance on the following judgments: - (a) Commissioner of Customs Vs. National Shipping Agency - 2008 (226) E.L.T. 46 (Bom). (b) International Shipping Agency Vs. Commissioner of Customs (General), Mumbai - 2006 (196) E.L.T. 439 (Tri-Mum) 2.2 as regards the merit of the case with reference t .....

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vy of Anti Dumping duty, but they failed to do so. Consequently, they are liable for action under CBLR, 2013, according to which the license was suspended. Therefore, at this stage, no interference is called for. In support, he placed reliance on the following judgments: - (a) Daroowala Brothers & Co. Vs. Commissioner of Customs (General), Mumbai-2010 (249) E.L.T. 310 (Tri-Mum). (b) Orient Clearing & Forwarding Agency Vs. Union of India -2001 (136) E.L.T. 3 (Cal). 4. We have carefully considered the submissions made by both sides. We find that there is a force in the argument of the learned Counsel that from the entire proceedings i.e. from the stage of initiation of the investigation, till the issue of suspension order, substantial .....

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s involved, it cannot be accepted that Customs Broker has any mala fide in the proceedings against export/ import of the goods. Therefore, considering the prima facie nature of the case of Anti-dumping duty in the present case, the appellant cannot be thrown out of business of Customs Broker. 5. Considering our above observations, we are of the view that the continuation of the suspension of Customs Broker license is not warranted, hence the impugned order is set aside. 6. The Principal Commissioner of Customs has liberty to carry out the enquiry proceedings under the CBLR. 2013. The appellant is also directed to co-operate in conclusion of the proceedings as early as possible. We make it clear that the Principal Commissioner of Customs sha .....

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