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2011 (6) TMI 534

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..... wise transferred, Appellant is also directed not to take on any work at any other customs location. Suspension order is modified accordingly. Stay petition and appeal itself are also disposed of - C/15/2011 - C/270/2011(PB) - Dated:- 17-6-2011 - Ms. Archana Wadhwa, Shri Mathew John, JJ. REPRESENTED BY : Shri Anuj Kumar Garg, Advocate, for the Appellant. Shri S.N. Srivastava, Jt. CDR, for the Respondent. [Order per : Mathew John, Member (T)]. The Appellant is a Custom House Agent whose licence was suspended on 19-7-2010. A post-decisional hearing was given on 11-8-2010 and the suspension was confirmed by the Commissioner of Customs vide order dated 25-10-2010. Aggrieved by the said order, the Appellant has filed this App .....

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..... nt was licenced as a Custom House Agent by the Commissioner of Customs in New Delhi and the Appellant has been working mainly in New Delhi. The Appellant had some corporate clients which wanted them to handle the documents at Mumbai also and, therefore, they opened an office in Mumbai and got permission as required under the CHA Regulations and started functioning in Mumbai. The events leading to the allegations happened at Mumbai because one or two employees who are engaged to work in Mumbai acted on their own keeping the management in the dark. The Appellant submit that the licence holder was not aware of the slip ups that were happening in their Mumbai office. As soon as the matter was known those persons were terminated from their servi .....

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..... evenue will issue such notice. Considering this and the fact that the employees of CHA are without any work we consider it proper to allow the CHA to function in Delhi as he was doing before suspension. In Mumbai it is proper that the Appellant should be allowed to function as a CHA only for its well known corporate clients for whom the Appellant was handling work prior to suspension of licence. In Mumbai the Appellant should not be allowed to take up business of any new importer or exporter till a final notice in the matter is issued and the matter decided. The Appellant is advised to prepare a list of such corporate clients for whom the Appellant was doing business in Mumbai prior to the suspension and place the list before the Commission .....

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