9911796707
TMI Blog2016 (5) TMI 82X X X X Extracts X X X X X X X X Extracts X X X X ..... y has been initiated under CBLR, 2013 against the appellant, we find the impugned order cannot be sustained. It is also noted that the appellant got renewal of license during the continuation of suspension, so, the continuation of suspension is not legally sustainable and accordingly, the impugned order is set aside. - decided in favour of appellant - Customs Appeal No. 52457 of 2015 - Final Orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... glass beads. On examination, it was found that the importer had declared glass chattons as glass beads and in excess quantity. Based on preliminary investigation by the officers, the impugned order was passed by the Commissioner. The said order is challenged both on merits as also on not following the proper procedure and time limit as prescribed under CBLR, 2013. The learned Counsel appearing for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of CBLR, 2013 till date. 2. The continuation of suspension of their license has to be held as bad in law on this grounds alone. Further, the learned Cousnel submitted that their license was renewed on 2.6.15 even during the operation of order of suspension. 3. The learned AR submitted that the suspension of license was proper for valid reasons as mentioned in impugned order. It is premature ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ELT 465 (Tri-Chennai)], Tribunal held that if no proceedings were initiated within 90 days of receipt of offence report, suspension of license cannot be continued. 6. We also take note of Tribunal s decision in the case of M/s. Swati Freight Movers vs. CC New Delhi [Final Order No. C/A/60/12-Cus dated 24.2.2012] wherein it was held that suspension cannot continue when there is no renewal of lic ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
