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TMI Blog2012 (9) TMI 247X X X X Extracts X X X X X X X X Extracts X X X X ..... ant. Shri C. Dhanasekaran, SDR, for the Respondent. [Order per : Chittaranjan Satapathy, Member (T)]. We have heard both sides. The learned counsel appearing for the appellants argues for stay of the order of prohibition issued by the Commissioner of Customs, Chennai under Regulation 21 of the Custom House Agent Licensing Regulations, 2004 (CHALR). While passing the said order dated 13-9-2010, the Commissioner has allowed the appellants to process all the documents already filed prior to the order. The learned counsel request for stay of the order on the following grounds :- (i) The order of prohibition was passed in 2010 though the related case is of December 2005. Hence the action taken is not proximate to the event tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vestigation. 3. Shri C. Dhanasekaran also brings it to our notice that unlike other provisions of CHALR, as in the case of Regulation 20 and Regulation 22, where provision of hearing has been specifically provided. Regulation 21 does not provide for any such hearing. He also mentions that subsequent to the order of prohibition issued by the Commissioner of Customs, Chennai, the Commissioner of Customs, Tuticorin, who has issued the CHA licence in this case, has suspended the licence and he has given a post-decisional hearing as required under the CHALR. 4. The learned SDR also cites the decision of the Hon ble High Court of Andhra Pradesh in the case of Commissioner of Customs and Central Excise, Hyderabad v. M/s. H.B. Cargo Services - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order cannot be faulted on that count nor the same requires to be stayed. We further note that, as has been noted by the Hon ble High Court of Madras while disposing of the Writ Petition No. 3173/2011 [2011 (272) E.L.T. 34 (Mad.)] filed by the appellants, the Commissioner of Customs, Tuticorin has already suspended the impugned CHA licence earlier granted to the appellants and the learned counsel himself confirms that the Commissioner of Customs, Tuticorin has extended a post-decisional hearing to the appellants. In the fitness of things, it is the licence issuing authority namely, the Commissioner of Customs, Tuticorin, who has to take appropriate action for continuance/revocation of suspension and subsequent inquiry, if necessary, along ..... X X X X Extracts X X X X X X X X Extracts X X X X
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