9911796707
TMI Blog2013 (4) TMI 811X X X X Extracts X X X X X X X X Extracts X X X X ..... ddl. Commissioner (AR) for the respondent JUDGEMENT Per: P.R. Chandrasekharan: The appeal is directed against Order-in-Original No: 55/2012 dated 04/12/2012 passed by the Commissioner of Customs (General), Mumbai. 2. Vide the impugned order, the CHA licence No. 11/610 of the appellant M/s. Deepak H Shah has been suspended under Regulation 20(3) of the CHALR, 2004. The charge against the appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -company during the period of four years. Thereafter, when DRI concluded their investigation and issued a show cause notice to the appellant under the provisions of Customs Act, 1962 in November, 2012, action has been initiated against the appellant under CHALR, 2004 to suspend the licence. He submits that under Regulation 20(2), the Commissioner of Customs may in appropriate cases, where immediat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e suspended. He also relies on the decision of this Tribunal in the case of Vetri Impex vs. Commissioner of Customs, Trichy 2001 (135) ELT 95 wherein a similar view has been taken. Accordingly, he prays for revocation of suspension. 4. The learned Additional Commissioner (AR) appearing for the Revenue reiterates the findings of the adjudicating authority and submits that since investigating agenc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erable time has lapsed between the filing of shipping bills and the issue of suspension order. In these circumstances, respectfully following the decision of the hon'ble High Court of Bombay in the case of National Shipping Agency, cited supra, we are of the view that there is no emergency which requires the licence to be suspended. Accordingly, we set aside the impugned order and revoke the suspe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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