9911796707
TMI Blog2015 (10) TMI 97X X X X Extracts X X X X X X X X Extracts X X X X ..... uthority was directed by the High Court to decide the application, the Commissioner of Customs being respondent in the said High Court order should have signed and issued the said order in this case whereas we find there is not even any mention of the High Court order in the said letter signed by the Deputy Commissioner of Customs and issued in a routine manner communicating the Commissioner's decision of denial of renewal of licence. Valid reason or any new grounds made out for denial for renewal of licence. Instead the same findings and allegations are made in para 3 to 5 of the OIO dt. 30.4.04 of revocation of licence were reproduced in the said order and based on this came to conclusion that CHA appellant's antecedents are not satisf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5 dt. 10.7.2015. Accordingly, the appeal is arising for hearing today. 3. The short issue in this case relates to periodical renewal of Customs Broker licence by the Competent Authority pending outcome of the Hon'ble High Court decision against revocation of licence. 4. Ld. Advocate submits that original CHA Licence was revoked vide OIO No.2152/2004 dt. 30.4.2004 which was challenged before Hon'ble High Court. The High Court in their order dt. 21.8.2006 in W.P.No.14269 granted absolute stay The final disposal of the writ petition is still pending before Hon'ble High Court. He submits that pending outcome of the writ petition, the department periodically renewed their licence from 2003 to 2008. The last renewal was done by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the other hand, Ld. A.R reiterates the order and submits that reasons for rejection of renewal are brought out in the order. She drew our attention to High Court order dt. 5.12.2014. 6. After hearing both sides, we find that appellant-CHA licence was revoked by Commissioner of Customs vide OIO dt. 30.4.2014 and the same has been stayed by the Hon'ble High Court order dt. 21.8.2006. Since then the department has been periodically renewing their licence for a period of 3 months, 2 months, one year, six months and the last renewal was made on 31.12.2008 and the licence was renewed for a period of five years. We find that the writ petition challenging revocation order before Hon'ble High Court is still pending. When the appellant m ..... X X X X Extracts X X X X X X X X Extracts X X X X
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