9911796707
TMI Blog2006 (3) TMI 360X X X X Extracts X X X X X X X X Extracts X X X X ..... Customs, Cochin. It is not in dispute that they can also operate their business within the jurisdiction of the Commissioner of Customs, Coimbatore. This Commissioner, by the impugned order, suspended the operation of the licence under Regulation 20(2) of CHALR, 2004 with immediate effect. Hence the appeal and the stay application. 2. Ld. Counsel for the applicant submits that their licence has been suspended on the ground of fraud allegedly committed by them in 2003. Referring to some of the documents available on record, ld. Counsel points out that the applicant, upon coming to know certain fraudulent activities of one of their employees, had promptly intimated the matter to the Customs authorities, besides filing complaint with the poli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be able to function at Coimbatore for no fault of theirs. 3. Ld. SDR submits that the Commissioner has suspended the licence pending enquiry against the CHA, which fact is not in dispute. He found it necessary to take immediate action on the basis of the outcome of the enquiry made hitherto. Relying on the Final Order Nos. 1539 1540/2005, dated 16-12-2005 passed by the Tribunal in the case of Sindhu Cargo Services v. CC [2006 (196) E.L.T. 51 (Tribunal)] (Appeal Nos. C/504 541/2005), ld. SDR argues that, where fraud is found on the part of any employee of a CHA in the course of the CHA s normal functions, it is imperative for the jurisdictional Commissioner of Customs to invoke Regulation 20(2) lest prejudice would be done to the publ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 27-1-04 of M/s. A.V. Thomas Company Ltd., which were claimed to have been submitted by the Company in January, 2004 itself to the Customs authorities at Tirupur. The impugned order does not contain any rebuttal of this claim. Hence, prima facie, the Company s intimation, in January, 2004, of the incident in question (2003) was before the Customs authorities ever since then. Apparently, the authorities chose to sleep over the matter. Suddenly, in the first week of February this year, the Commissioner sprang up and made an order of suspension of the CHA Licence, claiming that it was necessary to take immediate action. To our mind, any immediacy should be determined with reference to the date on which knowledge about the relevant incide ..... X X X X Extracts X X X X X X X X Extracts X X X X
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