2008 (1) TMI 703

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..... Suri, DR, for the Respondent. [Order per : S.S. Kang, Vice-President]. -  Heard both sides. 2. The appellant filed this appeal against the order passed by the Commissioner of Customs whereby CHA licence of the appellant was suspended under Regulation 20(2) of the Customs House Agents Licensing Regulations, 2004. 3. The main contention of the appellant is that no notice....

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....cision of the Tribunal in the case of Unison Clearing (P) Ltd. v. CC reported in 2006 (198) E.L.T. 513 set aside the order of suspension. 5. The appellant also relied upon the various decisions of Hon'ble High Court where it has been held that suspension of licence is not sustainable because impugned order does not spell out that any immediate action was required to be taken in the matter ....

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....s of Regulation 20(2) of the Regulations even without giving notice the licence could be suspended. 8. The contention of the Revenue is that in this case the appellant signed the bill of entries which was subsequently found that the forged entry was made regarding payment of duty and whereby the goods were cleared by mentioning to fictitious DEPB licence numbers and signatures of the Custo....

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....cases of suspension the procedure under Regulation 22(1) ought to have been followed in the sense prior notice before suspension ought to be given cannot be sustained". 10. The Hon'ble Madras High Court in the case of Cargomar v. CCE (supra) had also taken the same view. In view of above decision of Hon'ble High Court we find no merit in the contention that notice is necessary before passi....