9911796707
TMI Blog2000 (6) TMI 360X X X X Extracts X X X X X X X X Extracts X X X X ..... . [Order per : G.N. Srinivasan, Member (J)]. This is an appeal filed against the impugned order passed by the Commissioner of Customs (G) suspending the C.H.A. licence purportedly in terms of Regulation 2 of Regulation 21 of Custom House Licencing Regulation 1984 without any hearing. 2. The appellants are a firm of Custom House Agents holding regular licence No. 11/926. The firm is own ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted that certain violations of various provisions of Customs Act and Rules have been reportedly committed by the CHA. On the basis of the said investigation, on 26-10-98, show cause notice was issued to the appellant. This notice was in respect of exports made by M/s. Unique Impex and M/s. Global Art. On 21-1-99, the appellant replied to the said show cause notice. It is still pending adjudication ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he exercise of that power only if immediate action is necessary. In this case, even if the violations are established sometime in 1996-97, the word 'immediate' as enshrined in Regulation 21(2) has to be given certain meaning. Shri Patel also invited our attention to the provisions of Regulation 23 of the CHA Regulations. He states that the action can be taken against the CHA only after due enqui ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... should take immediate action of enquiry. In this case, admittedly, no such enquiry has been undertaken. Hence, in our view, in this case, the exercise of power under Regulation 21(2) has been wrongly exercised. We are, therefore, of the view that the impugned order is vitiated in law. Hence, it is set aside. Appeal is allowed. 8. The application for stay is also disposed of. - - TaxTMI - TMIT ..... X X X X Extracts X X X X X X X X Extracts X X X X
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