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2014 (4) TMI 16

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..... ible if the Regulations so provide. Thus, there is no specific provision for provided in the Regulations to hear an appeal against an order of prohibition. Therefore, so long as the section 146(2) does not provide for appeal against an order of prohibition, it cannot be presumed that CBLR, 2013 provides for an appeal against the order of prohibition to be heard by this Tribunal. The entire CBLR, 2 .....

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..... the Order-in-Original nos. 15/2013 dated 30/08/2013 36/2013 dated 28/11/2013 passed by Commissioner of Customs (General), Mumbai, wherein he has prohibited the appellant to function as a Customs Broker within his jurisdiction, as per the provisions of Regulation 23 of CBLR, 2013 pending inquiry proceedings under Regulation 20. Aggrieved of the same, the appellant is before us. 2. The Ld. Coun .....

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..... 3. We have considered the submissions made by the Ld. Counsel very carefully. 4. Both the CHALR 2004 as also CBLR 2013 have been framed under the provisions conferred by the provisions of Section 146 of the Customs Act, 1962. The said section is reproduced herein below: SECTION 146.Custom House agents to be licensed . - (1) No person shall carry on business as an agent relati .....

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..... ng of security by the licensee) subject to which a licence may be granted; (e) the circumstances in which a licence may be suspended or revoked; and (f) the appeals, if any, against an order of suspension or revocation of a licence, and the period within which such appeals shall be filed. 5. Clause (f) of sub-section (2) deals with the appeals. The said section specificall .....

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