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TMI Blog2008 (5) TMI 470X X X X Extracts X X X X X X X X Extracts X X X X ..... g bills in the Calcutta Custom House on behalf of M/s. Eastern Anticorrosives Limited for export of goods declared as Alloy steel flat bars. It transpired that the exporter had attempted to smuggle out 54.850 M.Ts. of red sanders valued at around Rs. 2.2 crores under the cover of these shipping bills. It also transpired that the same exporter had entrusted the documentation for shipment of eleven previous consignments declared as alloy steel flat bars to the same CHA. On the basis of the above facts the Commissioner found that the CHA had failed to discharge its obligations under various sub-clauses of Regulation 13 of CHALR, 2004. The CHA had facilitated fraudulent exports by carrying out the documentation for export of alloy steel flat ba ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Bangalore [2006 (194) E.L.T. 188 (Tri.-Bang)] wherein the Tribunal had vacated the order of suspension of the licence of a CHA under Regulation 20(2) on the ground that the order of suspension was issued after three months of the misconduct found against the CHA. He also submits another decision in Ganesh Shipping Agency v. CC, Chennai [2008 (222) E.L.T. 536 (Tri.-Del.)], wherein the order of immediate suspension passed after three months of the date of seizure of offending goods was set aside on the ground that immediate suspension was called for where enquiry was pending or contemplated and mere recording of finding as well as facts that the CHA violated the provisions of Regulation 13 of CHALR, 2004 did not justify an order of suspension ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ort red sanders in the impugned order. As regards the failure of the CHA to comply with the obligations cast on it under CHALR, 2004, the Commissioner has indicated his intention to proceed against the CHA under CHALR 20(1). The impugned order lists out the failure of the CHA to discharge its obligations classified under various clauses of Regulation 13 of CHALR, 04. 4.1 The regulation 20(1) empowers Commissioner to order immediate suspension. Such suspension is envisaged in a case where a CHA continuing to function in that capacity would hamper investigation into an offence committed by it. In the instant case the impugned order does not contain a finding which shows that the misconduct of the CHA into which enquiry under Regulation 20(1 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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