2006 (12) TMI 253

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....R. Bhagya Devi, SDR, for the Respondent. [Order per : P.G. Chacko, Member (J)]. -  This appeal is against suspension of CHA licence by the Commissioner of Customs under Regulation 20 (2) of the Custom House Agents Licencing Regulations, 2004. The appellant (CHA) was associated with filing of a shipping bill in the name of M/s. Maheswari Exports, Salem, for export of "Feldspar (Potash)".....

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....nder Regulation 20(2) suspending the CHA licence "pending investigation and finalisation of the matter". Hence this appeal. 2. Ld. counsel for the appellant submits that the impugned order does not disclose any emergency warranting suspension of CHA licence. It is pointed out that the exporter has not been proceeded against by the department in relation to the attempted export in question.....

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....DR that the investigation is pending against the exporter and the CHA. Ld. counsel has not contested this submission. However, he has submitted that any SCN is yet to be issued to the exporter. An attempt to export "Red Sanders wood" in the guise of "Potash" is a serious offence under the Customs Act. The relevant shipping bill was filed on 30-6-2005, i.e. 6 months ago. The department is yet to is....

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....suspension of the licence should continue or not. Such order shall be passed within a period of four weeks from the date of receipt of a certified copy of this order. (It is contextually made clear that it will be open to the appellant also to serve a copy of this order on the Commissioner). In the event of the Commissioner failing to pass such order within the stipulated period, the impugned orde....