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TMI Blog2003 (6) TMI 247X X X X Extracts X X X X X X X X Extracts X X X X ..... a, SDR, for the Respondent. [Order per : V.K. Agrawal, Member (T)]. M/s. Rakesh Kapoor Cargo Helpers are challenging the suspension of Customs House Agent Licence by the Commissioner of Customs, under the impugned order. 2. Shri J.P. Kaushik, learned Advocate, submitted that his licence has been suspended by the Commissioner on the ground that one Binoda Nand Jha, authorised representa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s; that no show cause notice under the Customs Act has been issued to the Appellant which goes to show that there is nothing against him warranting suspension of his C.H.A. Licence; that the allegation contained in show cause notice clearly mentions that it was Shri Jha who engaged the services of Shri Manikant illegally by paying him Rs. 8,000/- to get the impugned goods cleared out of Customs wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1 of the Customs House Agents Licensing Regulations, 1984, empowers the Commissioner to suspend the licence for any misconduct on the part of the Customs House Agent; that Shri Jha, as employee of the Appellant, has indulged in the mis-conduct and as such his licences has been correctly suspended. He also mentioned that as soon as the investigation in the matter is over, enquiry can be initiated. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of the view that there is no need to continue the suspension of the Appellant s C.H.A. Licence. Accordingly, we allow the Appeal. We, however, make it clear that the Revenue is at liberty to take action against the Appellant under the provisions of Customs House Agent Licensing Regulations, if on enquiry some evidence is found against him. 5. As requested by the learned Advocate, the copy of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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