2010 (8) TMI 812

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..... Clearing Services Pvt. Ltd. was a Customs House Agent (CHA) operating in the Customs House, Hyderabad. Noticing certain irregularities in the appellants handling of export of readymade garments by M/s. Seema Enterprises under cover of Shipping Bills seeking undue duty drawback by overinvoicing of the consignments, the CHA licence of the appellants was suspended on 21-11-2006. It was found that the .....

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..... d to the appellants. There was a gross violation of principles of natural justice and proceedings were inconsistent with, and involved violation of Regulation 22(6) (7) of CHALR. 3. We have heard both sides. 4. We find that as per sub-clause (6) of the Regulation of 22 of CHALR, the Commissioner of Customs shall furnish the CHA a copy of the report of the Deputy Commissioner and obtain the r .....

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..... the above clauses, we find that the provisions are mandatory that the Commissioner shall furnish a copy of enquiry report to the CHA and pass orders after obtaining representation, if any of the CHA. In the present case, a copy of the enquiry report was not furnished to the appellants. In the circumstances, we allow this appeal by way of remand to the Commissioner to pass a fresh order following t .....

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