9911796707
TMI Blog2005 (10) TMI 448X X X X Extracts X X X X X X X X Extracts X X X X ..... and since then the appellant has been working with the Department. By Memo dated 16-2-05, their licence has been suspended by the Commissioner of Customs (Preventive), West Bengal, Kolkata. The reasons attributed towards suspension of the licence are that the appellants handled one consignment of imported readymade garments on behalf of their customer, M/s. Pradip International, Siliguri. The Bill of Entry (B/E) was prepared as per the documents given by the importer. Earlier also, they handled the consignments on behalf of the same importer. After producing the relevant documents, i.e. country of origin certificate, packing list, invoices, the goods were duly examined and were assessed by the Customs Officials. The importer paid the duty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 38) RLT 1002 (CEGAT). He further submits that no show-cause notice has been issued and no personal hearing was granted before suspension order was served. He submits that practically no reason has been assigned by the Commissioner for suspension of the licence without issue of the show-cause notice. The allegations made in the Memo are not proper and correct. The allegation of the appellant which has got no authorisation from the importer is not correct because they have got general authorisation from the importer which has been placed as page 15 of the Paper Book. Mr. Suresh Majumdar is not their employee is also not correct. He is an employee and the appellant paid him salary. He submits that no urgent necessity or reasons have been indic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sioner has ordered the suspension in the interest of Public but no reasons had been assigned. The Regulation 20(2) reads as under : (2) Notwithstanding anything contained in sub-regulation (1), the Commissioner of Customs may, in appropriate cases where immediate action is necessary, suspend the licence of a Customs House Agent where an enquiry against such agent is pending or comtemplated. The Commissioner has to make out a case in the order of the suspension where immediate action is necessary or warranted so that the CHA could not act or work. In the present case, no such reason has been assigned and no such case has been made out by the Commissioner. In the case of M/s. N.C. Singha Sons v. Union of India reported in 1998 (104) E ..... X X X X Extracts X X X X X X X X Extracts X X X X
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