2008 (9) TMI 839

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....f the Regulation 20(2) of the CHALR, 2004, I order suspension of the operation of the CHA Licence No. 11/981 of M/s. Sai Siddhi Shipping, Clearing & Forwarding Agents with immediate effect." 2. Ld. Counsel appearing on behalf of the appellants submits that the exercise of the power by the Commissioner (Appeals) under Regulation 20(2) of the CHALR, 2004 is unwarranted in this case. He draws our attention to the order of the Commissioner and submits that the only reason in suspending the licence is on the ground, that the appellant has not discharged the duties as CHA properly and violated Regulations 13(d) and 13(n) of the CHALR, 2004. It is his submission that there is nothing on record to show that the CHA has actively abetted and ....

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....onnived in the manipulation of furnishing wrong Foreign Exchange Realization Certificate to the Department to defraud the Government. 13. In view of the foregoing reasons, an inquiry is contemplated against the said CHA under Regulation 22 of the Custom House Agents Licensing Regulation (CHALR), 2004. I also hold a view that continuance of the said CHA, namely M/s. Sai Siddhi Shipping, Clearing & Forwarding Agents, CHA No. 11/981 in transacting business pending such inquiry is considered prejudicial to the interest of revenue and warrants 'immediate action' to prevent further misuse of the CHA Licence." It can be noticed that the Commissioner has based his entire findings on suspension of CHA licence, on the order-in-original dat....