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1999 (11) TMI 171

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..... Jain, Advocate, for the Respondent. [Order per : G.R. Sharma, Member (T)]. In this case Revenue has filed an application for reference of the matter to the Hon ble Bombay High Court stating that a point of law reading as under arises :- Whether or not it is mandatory to issue a show cause notice to Custom House Agent before suspension of licence under Regulation 21(2) of Custom House .....

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..... it was a time consuming process and hence there was some delay. Ld. DR referred to the judgment of the Bombay Bench of this Tribunal holding that the time taken by the Department to investigate the matter before suspending the CHA licence justified and that the same cannot be treated a delay in suspending the CHA Licence under Regulation 21(2). He, therefore, prayed that the point of law as for .....

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..... lication may be rejected. Ld. Counsel also made a reference to the Misc. application filed by him praying for directions to be issued to the respondent Commissioner to restore the licence of the petitioner immediately in terms of the Final Order No. A/746/99-NB, dated 23-8-1999. He submitted that inspite of fact that the Tribunal in their Order, dated 23-8-1999 had held that the action taken und .....

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..... of the licence and since the question formulated says so, therefore, we hold that the question formulated does not arise out of the order of the Tribunal. In so far as issue of directions is concerned, we agree with the contention of the ld. Counsel for M/s. Alankar Shipping Clearing Pvt. Ltd. that the order should have been implemented by now. We direct the ld. Commissioner to immediately imp .....

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