2009 (2) TMI 548

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..... re of the view that the appellant has already suffered a lot - matter on remand.
Ms. Archana Wadhwa, Shri K.K. Agarwal, JJ. REPRESENTED BY : Shri S.N. Kantawala, Advocate, for the Appellant. Dr. T. Tiju, JDR, for the Respondent. [Order per : Archana Wadhwa, Member (J)]. - We heard both sides duly represented by Shri S.N. Kantawala, learned Advocate and Dr. T. Tiju, learned JDR. This issue involved is revocation of CHA licence by the impugned order. 2. It is seen that the appeal was earlier decided by the Tribunal by order No. A/447/07/C-I/CSTB dated 7-8-2007 [2007 (218) E.L.T. 417 (T)]. By taking note of the various facts as also the precedent decision, the Tribunal arrived at a finding that the said CHA had already undergone .....

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..... dy undergone is sufficient, we order that the revocation of CHA licence will be operative only upto 30-9-2007 and will cease to have effect from 1-10-2007 from which date the appellants will be entitled to re-commence their work as Customs House Agents." 3. The above order of the Tribunal was taken in appeal by the Revenue before the Hon'ble High Court of Bombay and the High Court's order dated 13-3-2008 [2008 (225) E.L.T. A32 (Bom.) is only on a short ground, we reproduce the same :- "The Tribunal in its order from which the appeal arises, has proceeded on the footing that the show cause notice of violation of the provisions of DFR scheme has been issued on 25-7-2006 and is pending adjudication. This basis premises is incorrect as t .....

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..... arned DR submits that they have received instruction from the appropriate authority that the department has decided not to file ROM application before the Hon'ble High Court and seek clarification from them even though there is factual error, which stands admitted by the learned DR. We do not appreciate the above stand of the Revenue. When admittedly the error has occurred in the order of the Hon'ble High Court on an appeal filed by the Revenue and when that error is accepted by the Revenue, they are duty bound to approach the Hon'ble High Court and get the clarification. We express our displeasure at the above attitude of the Revenue and left with no other option but to proceed with disposal of the appeal. 6. On going through the ord .....

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