2014 (12) TMI 575 - HC - Customs

Suspension of CHA license - Tribunal set aside suspension since there was delay in issuing order - High Court admitted the appeal filed by the Revenue against the decision of Tribunal 2012 (10) TMI 196 - CESTAT, MUMBAI on the following substantial question of law - Whether the CESTAT is right in law in setting aside the suspension order on the ground of delay of 13 days in issuing the order without considering the attendant circumstances and seriousness of the attempted fraud committed by the Customs House Agent i.e. without considering the merit of the case? Whether in absence of any appeal/challenge to suspension order No. 11/2012, dated 23-5-2012, the CESTAT is right in law in setting aside Post Decisional Suspension Order No. 15/2012, dated 18-6-2012 on the ground of delay of 13 days in passing/issuing Order No. 11/2012, dated 23-5-2012

Summary

The High Court of Bombay heard an appeal regarding the setting aside of a suspension order by CESTAT due to a 13-day delay in issuing the order without considering the seriousness of the fraud committed by the Customs House Agent. The court admitted the appeal on substantial questions of law related to the delay and the merit of the case. The Respondent waived service.