9911796707
TMI Blog2003 (3) TMI 174X X X X Extracts X X X X X X X X Extracts X X X X ..... 1984 on the ground that they had filed a Bill of Entry dated 30-12-2002 for import of waste paper by M/s. Srivaikunth Paper and Boards Pvt. Ltd. without duly obtaining the authorization letter or consent of the said company. Further, on examination of the container, it was noticed that 13,400 cartons of 555 State Cigarettes have been imported concealing them in waste paper which was seized by the Custom House department. As such, the impugned order has alleged that the said CHA Tuticorin office has violated the obligations imposed upon them under the provisions of Regulation 14 of the CHALR, 1984. 2. Vide another order dated 20-1-2002, the Commissioner of Customs, Chennai has suspended the CHA licence of the Chennai office of the said CHA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve been carrying on their works smoothly without any blemish and in the absence of any adverse finding against them, the suspension of the licence was not justified. 6. Countering the argument, learned JDR Shri A. Jayachandran draws our attention to the Larger Bench decision of the Tribunal in the case of Freightwings and Travels Ltd. v. CC, Mumbai, 2001 (129) E.L.T. 226 (T-LB) wherein it was held that the Commissioner has the powers to immediately suspend the licence of a Custom House Agent under the provisions of sub-regulation (2) of Regulation 21 without following the procedure as provided under Regulation 23. As such, he submits that the impugned order of suspension be upheld. 7. We have considered the submissions made by both side ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ai port, we find that there is no allegation of violation of the provisions of said Regulations by the said licensee. Similarly, we find that there is no enquiry either pending or being contemplated by the Customs against the said Chennai CHA. The Commissioner in his impugned order has suspended the licence on the sole ground that since their licence at Tuticorin has been suspended, the licence at Chennai is also required to be suspended. We are not convinced with the above reasoning of the Commissioner suspending the licence at Chennai, when there is no allegation of any contravention by the said licensee, thus taking his case out of the arena of an appropriate case. We are of the view that the suspension of the licence of appellant in re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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