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Issues:
Appeal against suspension of CHA license under Regulation 20(2) of Custom House Agents Licensing Regulations, 2004. Analysis: The appellant, a Custom House Agent (CHA), filed a shipping bill for export, which was found to contain undeclared goods. The Commissioner suspended the CHA license pending investigation due to the violation of licensing regulations. The appellant challenged the suspension order. The appellant argued that there was no emergency warranting the license suspension as the exporter had not faced any action from the department. The appellant's counsel contended that the suspension rendered the appellant unemployed. The Tribunal considered whether the suspension of the CHA license was necessary under Regulation 20(2) given the circumstances. The investigation against the exporter and the CHA was pending, with no show cause notice issued to the exporter. The Tribunal noted that the suspension occurred without giving the CHA an opportunity to be heard, violating principles of natural justice. Referring to a previous decision, the Tribunal directed the Commissioner to provide a personal hearing to the appellant and decide on the continuation of the license suspension within four weeks. Failure to comply would result in setting aside the suspension order. The Tribunal clarified that this decision did not prevent the Commissioner from taking action under Regulation 20(1) of the Licensing Regulations. Ultimately, the appeal was disposed of with the Tribunal's directions for a fair hearing and timely decision by the Commissioner.
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