TMI Blog2018 (8) TMI 499X X X X Extracts X X X X X X X X Extracts X X X X ..... of appellant is that order of prohibition dated 18.04.2017 had been passed without giving them any opportunity of being heard personally and an ex-parte order has been passed resulting in gross violation of principles of natural justice - Held that:- Since the appellant was not given any opportunity of being heard personally, it would be in the interest of justice if the matter relating to prohibition under regulation 23 is remanded back to the adjudicating authority to pass a fresh order after giving sufficient opportunity to the appellant to defend themselves - matter on remand. Appeal allowed in part and part matter on remand. - Appeal No. C/11516, 11588/2017-DB - A/11225-11226/2018 - Dated:- 10-4-2018 - DR. D.M. MISRA, MEMBER (JU ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2657/2017 dt. 19.09.2017. He therefore pleaded that the order of suspension should be set aside. 2.2 In relation to Appeal No. C/11516/2017, Ld. Advocate argued that the order of prohibition dated 18.04.2017 had been passed without giving them any opportunity of being heard personally and an ex-parte order has been passed resulting in gross violation of principles of natural justice. He has also pleaded that as the investigation was connected, the order of prohibition should also be set aside. In this regard he relied upon the judgment of Hon ble Gujarat High Court in the case of M/s SSS Sai Shipping Services Pvt Ltd. vs UOI - 2016 (331) ELT 519 (Guj.). 3. Ld. AR for the Revenue submitted a letter dated 22.09.2017, giving the deta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no proceedings were initiated against the appellant and there is no penalty or any other action proposed against the appellant and the adjudication process has already been completed without any penalty or any other action, there is no justification of continuation of the suspension of the licence of the appellant. Therefore, the prayer of the appellant for revoking the suspension order dt. 11.05.2017 is granted and the suspension order is revoked. 5.2 In appeal No. C/11516/2017, we find that since the order of prohibition was passed on 18.04.2017 under regulation 23 of CBLR 2013, the appellant was prohibited from operating in one or more stations of Custom Stations. The contention of the appellant is that the order was passed ex-parte ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
