1998 (2) TMI 366

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....for the Respondents. [Order per : K.S. Venkataramani, Member (T)]. -  The appeal is directed against the Order dated 23-9-1997 passed by the Commissioner of Customs (G) Mumbai, by which the Commissioner has ordered suspension of the Custom House Agent Licence held by the appellant in exercise of powers conferred under Regulations 21(2) of the CHA Licensing Regulations 1984. The Commissi....

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....appellant submitted that though the Commissioner has ordered suspension of the licence in September, 1997 till date even after the lapse of four months, no Show Cause Notice as envisaged under Regulation 23 has so far been issued. The appellant and his 22 employees are without work and have been subjected to hardship due to the suspension. The ld. Counsel also produced a letter dated 31-10-1996 ad....

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....R referred to the impugned order and contended that the Commissioner was justified to take immediate action to suspend the licence as the appellant had misused the CHA Licence by subletting it. 4. We have carefully considered the submissions. We find that the Commissioner's order under Regulation 21(2) prima facie indicates that there was a material, to prima facie justify exercise of powe....

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.... decision in the case of Syed Ahmed & Co. v. Collector of Customs, New Delhi - 1996 (84) E.L.T. 494 (Tribunal) and Tribunal decision in the case of Kothari & Sons v. Commissioner of Customs, Mumbai - 1997 (94) E.L.T. 219 (Tribunal) cited before us by ld. Counsel wherein the Tribunal took note of the loss of livelihood caused by suspension for long period of the CHA licence and directed that suspen....