9911796707
TMI Blog2001 (2) TMI 373X X X X Extracts X X X X X X X X Extracts X X X X ..... der per : G.R. Sharma Member (T)]. M/s. Kunal Travels has filed this appeal against suspension of their licence by the Commissioner of Customs under Regulation 21(2) of the CHALR, 1984. 2. Arguing the case for the appellants Shri L.P. Asthana, Ld. Counsel submits that the appellants are Customs House Agent and hold a licence for the purpose. He submits that the licence has been suspended o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o had given an advance of Rs. 20,000/- to the appellant. Ld. Counsel submits that in so far as the 15 shipping bills alleged to have been filed by the appellants are concerned, these shipping bills were not at all filed by the appellant as none of the authorised persons had signed the shipping bills. He submits that the second allegation regarding 47 export consignment of the earlier period are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t for suspension of the licence under Regulation 21(2) of the CHALR, 1984. 4. Shri Rajeev Tandon, Ld. SDR alongwith Shri M.M. Dube, Ld. JDR submits that in the instant case as soon as the fact of filing 15 bills on behalf of the company came to notice of the authorities, the Addl. Collector by his letter dated 3-10-2000 informed the Commissioner; that the Ld. Commissioner after perusing the fact ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6. We have heard the rival submissions. We note that sub-Regulation 2 of Regulation 21 provides 2. Notwithstanding anything contained in Sub-Regulation (1), the Commissioner may in appropriate cases, where immediate action is necessary, suspend the licence of a Custom House Agent where an enquiry against such agent is pending or contemplated. We find that for invoking sub-Regulation 2, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of evidence retraction appears to be an after thought. 8. Having regard to the fact that there is an admission on the part of the Cusoms House Agent coupled with the fact that the customs Hose Agent was alleged to be indulging in filing shipping bills and mis-declaring the contents therein continuously, therefore, we hold that the suspension of the CHA licence is sustainable in law. In the cir ..... X X X X Extracts X X X X X X X X Extracts X X X X
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