2018 (4) TMI 684

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..... 2006, which indicated that there was no emergency, which required license to be suspended. The Hon’ble Bombay High Court in the case of National Shipping Agency [2006 (2) TMI 306 - CESTAT, MUMBAI] held that power of suspension is emergent power to be used in those cases where it is required that CHA license to be immediately suspended. Appeal allowed - decided in favor of appellant.
Shri Ramesh Nair, Member (Judicial) And Shri Raju, Member (Technical) Shri Suresh Balasubrarnanian, Advocate, for Appellant Shri Ahibaran, Addl. Commissioner (AR), for Respondent Per: Ramesh Nair This appeal is directed against the Order-in-Original dated 26.02.2018 passed by the Principal Commissioner of Customs (General), NCH, Mumbai, whereby the Co .....

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..... ffect the livelihood of 20 employees, which will cause irreparable damage to the appellant. In support, he placed reliance on the following judgments: - (a) Commissioner of Customs Vs. National Shipping Agency - 2008 (226) E.L.T. 46 (Bom). (b) International Shipping Agency Vs. Commissioner of Customs (General), Mumbai - 2006 (196) E.L.T. 439 (Tri-Mum) 2.2 as regards the merit of the case with reference to which the license was suspended, he submits that the alleged case of the Department is that their clients have imported Trailer Axles in SKI) form to circumvent the Anti Dumping duty. In this regard, he submits that the importers have made correct and true disclosure while declaring the goods under the Bills of Entry as they have de .....

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..... eneral), Mumbai-2010 (249) E.L.T. 310 (Tri-Mum). (b) Orient Clearing & Forwarding Agency Vs. Union of India -2001 (136) E.L.T. 3 (Cal). 4. We have carefully considered the submissions made by both sides. We find that there is a force in the argument of the learned Counsel that from the entire proceedings i.e. from the stage of initiation of the investigation, till the issue of suspension order, substantial period was lapsed, which itself establish that there was no emergency to suspend the license immediately. Therefore, the suspension of license is not necessary. In the very identical facts, the Hon'ble Bombay High Court in the case of National Shipping Agency (supra) held that power of suspension is emergent power to be used in those .....

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