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TMI Blog2014 (12) TMI 687X X X X Extracts X X X X X X X X Extracts X X X X ..... imports, and charge of diversion of goods is not sustainable is based on no evidence or partly relevant or partly irrelevant evidence and is otherwise perverse and arbitrary? - At this stage the petitioner cannot be denied the benefit of the impugned order [2012 (12) TMI 589 - CESTAT MUMBAI] passed by CESTAT. Therefore, we do not grant the interim stay as prayed for. However, since our attention ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntial questions of law :- (i) Whether the CESTAT is right in law in holding that the charges of violation of the provisions of Regulations 13(d), 13(e) and 13(n) of the CHALR, 2004 against the respondents are not sustainable and consequently setting aside the revocation of the CHA Licence and forfeiture of the security deposit. (ii) Whether the CESTAT is right in law in holding th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... revenue prays for stay of the operation of the impugned order dated 9 October, 2012 of the CESTAT. It is submitted that the impugned order dated 9 October, 2012 is not sustainable for the reason that it completely ignores the fact that a penalty of ₹ 20 lacs has been imposed on the respondent by adjudication order dated 14 December, 2007 for being actively involved in a fraud of High Sea Sal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ember, 2010 canceling the petitioner s CHA Licence was passed. 5. Having heard learned counsel for parties, we are of the view that the contentions urged by the revenue do not on the face of it render the impugned order unsustainable. It would require a more detailed examination, which can only be done at the final hearing. At this stage the petitioner cannot be denied the benefit of the impugn ..... X X X X Extracts X X X X X X X X Extracts X X X X
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