9911796707
TMI Blog2008 (9) TMI 839X X X X Extracts X X X X X X X X Extracts X X X X ..... JDR, for the Respondent. [Order per : M.V. Ravindran, Member (J)]. This appeal is filed by the applicant against Order-in-original No. 22/2008, dated 19-6-08, vide which the ld. Commissioner of Customs (General) has ordered as under. 14. I, therefore, in exercise of powers conferred under the provisions of the Regulation 20(2) of the CHALR, 2004, I order suspension of the operation of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 2004. 3. Ld. JDR submits that the situation needed that the licence of the CHA has to be suspended as the CHA had submitted wrong foreign exchange realization certificate to the department. It is his submission that the adjudicating authority had come to a conclusion that the CHA in this case needs to be penalized under the provisions of Section 114AA of the Customs Act, 1962 and based upon su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed their duties as Customs House Agent properly and violated Regulations 13(d) and 13(n) of the CHALR, 2004. The CHA actively abetted and connived in the manipulation of furnishing wrong Foreign Exchange Realization Certificate to the Department to defraud the Government. 13. In view of the foregoing reasons, an inquiry is contemplated against the said CHA under Regulation 22 of the Custom House ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s 13(d) and 13(n) of the CHALR, 2004 are as under : 13..... ..... (d) advise his client to comply with the provisions of the Act and in case of non-compliance, shall bring the matter to the notice of the Deputy Commissioner of Customs or Assistant Commissioner of Customs; ..... (n) ensure that he discharges his duties as Customs House Agent with utmost speed and efficiency and without a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has been done without issuing show cause notice to the appellant. We see no bar for the adjudication of the proceedings, under Regulation 20(2) of the CHALR, 2004 after issuance of a show cause notice and following the principles of natural justice. We also make it clear that the findings we are recording for setting aside the Commissioner of Customs (General) suspension order will not have any ef ..... X X X X Extracts X X X X X X X X Extracts X X X X
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