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TMI Blog2012 (12) TMI 52X X X X Extracts X X X X X X X X Extracts X X X X ..... the department to ensure that such error do not occur in future giving rise to undue delay in initiating proper proceedings. - W.P.Nos.17688 and 17689 of 2012 and M.P.No.1 of 2012 - - - Dated:- 19-11-2012 - MR. R. SUDHAKAR J. For Petitioner in both W.Ps.: Mr. Hari Radhakrishnan For Respondents in both W.Ps.: Mr. K. Rajasekar, Senior Counsel for Customs and Central Excise. ----- COMMON ORDER Writ Petition No.17688 of 2012 is filed praying to issue a Writ of Certiorari and call for the records pertaining to impugned show-cause notice C.No.VIII/13/03/98 CUS.POL DT.31.08.2010 issued under Regulation 22(1) of Custom House Agents Licensing Regulations, 2004 by the first respondent and quash the same. 2. Writ Petition No ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Government of India, Ministry of Finance (Department of Revenue) Central Board of Excise Customs, New Delhi. The relevant portion of the said Circular reads as follows:- "(iii) Suspension or revocation against CHAs operating on 'C' form intimation basis: 5.1 CHALR, 2004 provide a facility for the CHAs who have been issued a license from a particular customs station to operate under Form 'C' intimation at another customs station. In case of such CHAs, who are found to have violated any provision of the CHALR, 2004 at any customs station, it is clarified that the suspension action against CHA's operations may be taken by the Commissioner of Customs at the station who issued the CHA license and such action would either be limited to a pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ow-cause proceedings, issued a letter dated 14.11.2012 to the Junior Standing Counsel which reads as follows:- "To Shri Rajasekar.K. Junior Standing Counsel No.34, Krishna Street, T.Nagar, Chennai-600 017, Phone:98400 98444. Sir, Sub: Legal Writ Petition No.17688 17689/12 M/s.Air Travel Enterprises Clarifications Reg. ----- Please refer to your letter dated 30.10.12 vide your reference No.RK/CE/CBE/0004/2012/04, requesting for clarifications. It is clarified that the appellant's claim, regarding Coimbatore Commissionerate not having the jurisdiction to decide the case, appears to be correct for the moment. Additionally, it also appears that the same CHA was involved in a case of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the Commissioner. 7. It is apparent that the respondent authorities realising the mistake, have issued the above letters to the respondent's counsel to inform this court that the show-cause notice will be withdrawn immediately, accepting the plea taken by the petitioner. The statements made by the Assistant Commissioner (Legal) in the above two letters are recorded and the authority is directed to issue proper proceeding for withdrawal of the show-cause notice forthwith. It is incumbent on the department to ensure that such error do not occur in future giving rise to undue delay in initiating proper proceedings. The Department is, however, at liberty to proceed as per law for the violation alleged. 8. Both the Writ Petitions stand ..... X X X X Extracts X X X X X X X X Extracts X X X X
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