2001 (9) TMI 680

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....ation and finalisation of the matter. 2. Ld. Counsel Shri Murugappan seeks for disposal of the appeal itself by allowing the miscellaneous application seeking for early hearing in view of the matter being covered by Larger Bench judgment rendered in the case of Freightwings & Travels Ltd. v. CC, Mumbai [2001 (129) E.L.T. 226], Varun Forwarders v. CC, Mumbai reported in [2001 (129) E.L.T. 384 (Tri-Mum.], Kothari & Sons v. CC, Jaipur reported in [2000 (122) E.L.T. 828 (T) = 2000 (40) RLT 1078 (CEGAT)] and the judgment rendered by this bench in the matter of K.P.S. and Co. v. CC, Madras vide Final Order No. 1763/2000, dated 8-12-2000 [2001 (129) E.L.T. 128 (T)]. 3. Ld. D.R. Shri A. Jayachandran reiterates the findings contained....

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....) amount to serious misconduct on their part which in my opinion has rendered them unfit to transact any business in any Customs station. ORDER 7. In the above circumstances, I order suspension of CHA licence No. R609/CHA issued to M/s. Trinity Forwarders (Madras), Chennai-3 under Regulation 21(2) of CHALR, 1984 pending investigation and finalisation of the matter. 8. This order is issued without prejudice to any other action that may be taken against the CHA and their employees/representatives etc. under the provisions of Customs Law or any other law for the time being force in the Union of India. 4. Ld. Counsel Shri Murugappan has submitted that this issue is no longer res integra in view of the fact that no sho....

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.... of Customs should have given a personal hearing to the appellants before passing a speaking order under Regulation 21(2) of the Custom House Agent Licencing Regulation 1984. Similarly, in Varun Forwarders v. CC, Mumbai (supra), it has been held that mere suspension of CHA permitted others to use his licence cannot be a ground for suspension of licence and the Custom House Agent is to be suspended only when there is evidence to support prima facie view of continuance of agent is so undesirable that immediate suspension is called for. Otherwise, suspension is premature and hasty within the meaning of Regulation 21(2) of Custom House Agent Licence Regulation 1984. Similarly, CEGAT, New Delhi in the matter of Kothari & Sons v. CC, Jaipur, the ....