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TMI Blog2001 (9) TMI 680X X X X Extracts X X X X X X X X Extracts X X X X ..... ounsel Shri Murugappan seeks for disposal of the appeal itself by allowing the miscellaneous application seeking for early hearing in view of the matter being covered by Larger Bench judgment rendered in the case of Freightwings Travels Ltd. v. CC, Mumbai [2001 (129) E.L.T. 226], Varun Forwarders v. CC, Mumbai reported in [2001 (129) E.L.T. 384 (Tri-Mum.], Kothari Sons v. CC, Jaipur reported in [2000 (122) E.L.T. 828 (T) = 2000 (40) RLT 1078 (CEGAT)] and the judgment rendered by this bench in the matter of K.P.S. and Co. v. CC, Madras vide Final Order No. 1763/2000, dated 8-12-2000 [2001 (129) E.L.T. 128 (T)]. 3. Ld. D.R. Shri A. Jayachandran reiterates the findings contained in the impugned order, particularly in para 3 to 6 and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nfit to transact any business in any Customs station. ORDER 7. In the above circumstances, I order suspension of CHA licence No. R609/CHA issued to M/s. Trinity Forwarders (Madras), Chennai-3 under Regulation 21(2) of CHALR, 1984 pending investigation and finalisation of the matter. 8. This order is issued without prejudice to any other action that may be taken against the CHA and their employees/representatives etc. under the provisions of Customs Law or any other law for the time being force in the Union of India. 4. Ld. Counsel Shri Murugappan has submitted that this issue is no longer res integra in view of the fact that no show cause notice has been given before suspension and no enquiry was also held before suspending the lice ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lation 21(2) of the Custom House Agent Licencing Regulation 1984. Similarly, in Varun Forwarders v. CC, Mumbai (supra), it has been held that mere suspension of CHA permitted others to use his licence cannot be a ground for suspension of licence and the Custom House Agent is to be suspended only when there is evidence to support prima facie view of continuance of agent is so undesirable that immediate suspension is called for. Otherwise, suspension is premature and hasty within the meaning of Regulation 21(2) of Custom House Agent Licence Regulation 1984. Similarly, CEGAT, New Delhi in the matter of Kothari Sons v. CC, Jaipur, the order of suspension of CHA licence was set aside as the impugned order neither disclosed the necessity of imm ..... X X X X Extracts X X X X X X X X Extracts X X X X
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