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2011 (6) TMI 376

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..... e on the ground that the suspension order has been challenged before the Tribunal in the above appeal - Held that:- Non-issue of notice to the CHA as contemplated under Regulation 20 (3) cannot be held against the Revenue and has directed issue of notice to the CHA even though the 15 days period prescribed in the above Regulation has already expired - Therefore, direct the CHA to appear for post-d .....

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..... of smuggling of red sander wood logs in an export consignment of combed yarn 'the challenge is on the ground that suspension was ordered well beyond the period of 15 days from the date of receipt of the report from the investigating authority, as per the requirement of Regulation 20 (2) and on the ground that no post-decisional hearing has been granted within a period of 15 days from the date of s .....

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..... basis of DRI letter. We, therefore, see no merit in the first ground of challenge as we are satisfied that there has been no violation of Regulation 20 (2). As regards the second ground of challenge, we find that notice of personal hearing on 15.11.2010 was communicated to the CHA vide letter dt. 8.11.2010 and it is the CHA who has requested that the hearing may be kept in abeyance on the ground t .....

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