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2000 (7) TMI 418

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..... .N.B. Nair, Member (T)]. Today the case is posted for consideration of stay application. We, however, find that the Order-in-Original is only an order suspending the Custom House Agent licence of the appellant for a period of one year from 9-9-1999 (though the order itself was pessed only on 28-3-2000). 2. Ld. Counsel for appellant requests for taking up the appeal itself. We do so as the .....

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..... order. The Ld. Counsel also submits that it is common practice that suspension is resorted to only when punishment is proposed, as suspension in itself is not a punishment. He also referred to the decision of this Tribunal in the case of Vishwanath Shipping Agencies v. CC, Mumbai [1999 (105) E.L.T. 695] wherein the Tribunal accepted the plea that suspension order passed in 1998 with regard to inci .....

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..... occured in 1995 with regard to some shipping bills. The show cause notice was issued in 1997 and the suspension order was issued in 2000. No revocation proceeding also survive. In the circumstances, we are of the view that suspension proceedings in the present case had no applicability and were not appropriate. The impugned order is accordingly set aside with consequential relief to the appellants .....

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