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2017 (5) TMI 800

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..... revocation of the license and forfeiture of the security deposit is held to be violative of the Regulations - Revocation of licence and forfeiture of security amount withheld - appeal allowed - decided in favor of appellant-CHA. - C/86944/2013 - A/86904/17/CB - Dated:- 18-4-2017 - Shri M V Ravindran, Member (Judicial) And Shri C J Mathew, Member (Technical) Shri Vinay Ansurkar, Advocate f .....

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..... at proceedings were initiated against the appellant, M/s Nandan Shipping Agency, for allegedly facilitating the illicit export of red sanders in violation of the prohibition contained in Convention on Illicit Trade in Endangered Species that is applicable under Foreign Trade Policy. The offence report was received by the licensing authority on 27 th March 2008 and the license ordered to be re .....

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..... d commission on the part of the customs broker and which should not, consequently, come in the way of disciplining the errant customs broker in the larger interests of enforcement of Customs Act, 1962. 4. Learned Counsel for appellant drew attention to the various dates of the milestones leading to the impugned order. It is well-settled that compliance with the time-frame stipulated in the Regu .....

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..... etriment visited upon the appellant. Accordingly, the revocation of the license and forfeiture of the security deposit is held to be violative of the Regulations and we set aside the impugned order. We make it amply clear that we have, in these circumstances, not examined the propriety and proportionality of the penalties imposed by the licencing authority. 7. Appeal is allowed. (Pronounced .....

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