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2000 (10) TMI 495

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..... nt. [Order per : J.H. Joglekar, Member (T)]. The Commissioner of Customs, Mumbai passed orders suspending the CHA licence of M/s. International Shipping Agency, CHA Licence No. 11/1107 under regulation 21(2) of the Customs House Agents Licensing Regulations, 1984 pending further investigations in the matter. The appeal is filed challenging the merits of the order. A stay application has .....

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..... 6-R/2000-Mum). 4. On the basis of these two instances the learned Commissioner passed the impugned order. In his order he held as follows : - Thus in view of above it could be seen that in spite of the fact that the two cases are in progress against Shri C.R. Shukla, proprietor of M/s. International Shipping Agency, he has not reported the said facts to the department in the prescribed forma .....

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..... ishment under the provisions of CHALR, 1984. 5. We have seen the application made by the appellant on 15-9-1998. Columns 10 and 11 made the following queries which were replied in negative by the applicant :- 10. Whether he or the firm or company by whom he is employed have earlier held a Custom House Agents Licence under these regulations and whether is/was cancelled or suspended - No 1 .....

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..... proforma we find this submission to be correct. We find that the grounds on which the Commissioner ordered suspension were not correct. This order suffers on this ground and is liable to be set aside. We set aside this order, allow the appeal making it clear that this order does not debar the learned Commissioner from proceeding against the CHA in terms of regulation 21(1) read with regulation 23 .....

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