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TMI Blog2014 (1) TMI 583X X X X Extracts X X X X X X X X Extracts X X X X ..... pass an order. Under these circumstances, I am unable to consider the stay application, since the appeal itself in not maintainable - Decided against assessee. - C/557/2011 - Final Order No. A/238/2012-WZB/AHD - Dated:- 17-1-2012 - Shri B.S.V. Murthy, J. Shri S.N. Kantawala and Dhaval K. Shah, Advocates, for the Appellant. Shri J.S. Negi, AR, for the Respondent. ORDER The appellant is Custom House Agent having licence by the Tuticorin Custom House and has been working in Pipavav Port. On the ground that two employees of the appellant who are H Card holders and working for the Custom House Agent indulged in illegal export of Red Sanders, an order was issued by the Commissioner of Customs, Jamnagar on 20-6-2011 exercising ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s case, the Custom House Agent has been barred for performing any functions in the Customs station Pipavav and therefore, it beyond the powers granted under Regulation 21 to the Commissioner; that CHALR has been provided for the limited purpose of barring a Custom House Agent for working in a particular branch, if he has not fulfilled obligations with directions to work in that Section or sections; further it was also submitted that even in the remand application filed by the DRI in respect of the two employees, who had indulged in importation of Red Sanders, it has been recorded that the employees indulged in these activities by using the password of M/s. Prime Forwarders, since the appellant would not allow them to undertake such activiti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e decision of the Tribunal in the case of M/s. Rajendra Purohit in Appeal No. C/245 of 2011 dated 11-8-2011, wherein while considering the prohibition order issued by the Commissioner of Customs, Kandla, prohibiting the appellant from working as Custom House Agent at Kandla MP and SEZ, Mundra, the Tribunal came to the conclusion that prohibition order issued by the learned Commissioner is nothing but an administrative order, since no provision was brought to their notice that the appeal lies against the prohibition, the appeal was dismissed as not maintainable. Since the above decision of the Divisional Bench has been passed in respect of the very same assessee and judicial discipline require me to follow the decision, I am not able to cons ..... X X X X Extracts X X X X X X X X Extracts X X X X
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