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TMI Blog2018 (8) TMI 499X X X X Extracts X X X X X X X X Extracts X X X X ..... er: Devender Singh These two appeals are filed by the same appellant. In appeal no. C/11588/2017, the appellant have challenged the order dated 11.05.2017, passed by Principal Commissioner, Kandla on suspension of their CHA License. In appeal No. C/11516/2017, the appellant have challenged the order dated 18.04.2017 of Principal Commissioner, Mundra prohibiting them from conducting business as a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rranted. He relied upon the judgment of this Tribunal in the case of Richles Cargo Logistics Pvt Ltd. vs. CC, Kandla vide Final Order No. A/12657/2017 dt. 19.09.2017. He therefore pleaded that the order of suspension should be set aside. 2.2 In relation to Appeal No. C/11516/2017, Ld. Advocate argued that the order of prohibition dated 18.04.2017 had been passed without giving them any opportunit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the employees of the appellant, Sh. Bajrang Lal Sharma was made a noticee and was also penalized in the adjudication order passed by the Commissioner of Customs in which penalty of Rs. 5,00,000/- has been imposed on Sh. Bajrang Lal Sharma. 4. Heard both the sides and perused the records. 5.1 In appeal No. C/11588/2017, we find that the order of suspension was passed by the Commissioner on 11. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... against the appellant and there is no penalty or any other action proposed against the appellant and the adjudication process has already been completed without any penalty or any other action, there is no justification of continuation of the suspension of the licence of the appellant. Therefore, the prayer of the appellant for revoking the suspension order dt. 11.05.2017 is granted and the suspe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tter relating to prohibition under regulation 23 is remanded back to the adjudicating authority to pass a fresh order after giving sufficient opportunity to the appellant to defend themselves. The adjudicating authority will keep in the view the related developments in the adjudication process at Custom House, Mundra while passing an order on prohibition under regulation 23 of CBLR, 2013. 6. In t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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