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2017 (2) TMI 85

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..... A CHA licence which is already revoked, cannot be again revoked subject to it being reinstated by higher authorities. In our view, this order of the adjudicating authority is not correct passed without any application of mind and needs to be set aside and we do so. Time period taken to complete the proceedings - inordinate delay - Held that: - The CHA licence of the appellant was suspended on 6 .....

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..... Per: M.V. Ravindran This appeal is directed against order-in-original No.118/2013/CAC/CC(G)/PKA/CHA dated 15.10.2013. 2. Heard both sides and perused the records. 3. The Commissioner of Customs (General), Mumbai, vide the impugned order has revoked the CHA licence of the appellant for an infraction of law done by S.P. Exports, Mumbai. A report dated 2.1.2007 was received from Commis .....

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..... s recorded that the CHA licence of the appellant is already revoked by order-in-original No.59/CAO/CC(G)/PKA/2013-14 dated 16.4.2013, and stated that this impugned order in this appeal or revocation will automatically become operative in the eventuality of the order dated 16.4.2013 being set aside by any appellate or higher judicial authority, as this order is being issued under independent separa .....

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..... gs, as has been held by this Bench in the case of Maakrupa Forwarders Pvt. Ltd. vs. CC(G), Mumbai - 2016-TIOL-2899-CESTAT-MUM , relying upon various decisions in the said judgment, we hold that inordinate delay in the case in hand to complete the proceedings against the CHA is detrimental and the impugned order is liable to be set aside on this ground only. The impugned order is set aside and t .....

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