TMI Blog2014 (8) TMI 173X X X X Extracts X X X X X X X X Extracts X X X X ..... AR) PER : Ashok Jindal The appellant (CHA) is in appeal against the order dated 29.11.2011 whereby CHA license was suspended. He has also filed an application to bring additional ground on record. The facts of the case are that on the basis of intelligence gathered by the DRI, Zonal Unit, Ahmedabad, that some importers engaged in the import of Glass Chatons, Furniture and Mobile Accessories were ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... umns of Rate and Value were filled up by the CHA with grossly undervalued figures and after taking a printout of such invoices they were presented before Customs for seeking clearance of the imports. Shri Vinod Kumar Sharma, Director of the said CHA firm in his statement recorded by DRI admitted to have committed the offence of undervaluation by way of tampering of import invoices and clearing the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g on behalf of the appellant submits that as per circular No. 9/2001 proceedings against CHA can be initiated on the basis of offence report received against the CHA and license can be suspended but the proceedings under Regulation (22) of CHALR are to be completed within 9 months from the date of receipt of offence report. As of now more than 2 years have been passed but proceeding under Regulati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of Vinod Tomar (supra) the appellants are entitled for relief. In these circumstances we revoke the suspension of CHA license No. 01/CHALR/2011 ordered vide impugned order dated 29.9.2011. 6. Revenue is at liberty to proceed against the appellant under Regulation (22) of CHALR, 204. Appeal is disposed off in the above manner. Accordingly, Misc. application is also disposed off. (Dictated and p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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