9911796707
TMI Blog2004 (10) TMI 213X X X X Extracts X X X X X X X X Extracts X X X X ..... ), against order dated 20-9-2004 by which the Commissioner of Customs has suspended their Customs House Agent License under Regulation 20 (2) of the Custom House Agent Licensing Regulations, 2004. 2. Shri Bipin Garg, learned Advocate, submitted that the license has been suspended only with the observation that the enquiry is contemplated against them in relation to their involvement in a drawbac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... suspend the license; that as per the Regulation 20 (2), the Commissioner may in an appropriate case where immediate action is necessary, suspend the licence of CHA where an enquiry is pending against him; that in absence of any details, furnished in the suspension Order, it is non-speaking and illegal. He relied upon the decision in the case of D.H. Patkar Co. v. C.C. (G), Mumbai, 1999 (111) E. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... E.L.T. 84 (T) wherein it has been held by the Tribunal that continued suspension of the licence without hearing the appellants cannot be justified. 3. Countering the arguments, Sh. S.M. Tata, learned SDR, submitted that the impugned Order clearly mentions that an enquiry is contemplated against the appellants under Customs House Agents Licensing Regulations, 2004 in relation to their involvement ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e in writing to the CHA stating the grounds on which it is proposed to suspend the licence and enquirying the CHA to submit within the specified time period a written statement of defence. We find that no such notice, which is prescribed in Regulations 20 (2) has been issued to the appellants before suspending their licence. We also find substance in the submissions of the learned Advocate; that n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... impugned suspension Order has not been passed in accordance with the provisions of sub-regulation (2) of Regulations 20 of the Customs House Agents Regulations, 2004. We, therefore, set aside the said Order. We, however, give the liberty to the Commissioner to pass any fresh order, if required, after following the provisions in accordance with law. The appeal is disposed of in the above terms. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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