2008 (9) TMI 848

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....llant. Shri Y.D. Banga, Sr. DR, for the Respondent. [Order per : Jyoti Balasundaram, Vice-President]. -  According to the applicants, an error apparent on the record arises in Tribunal's final order No. A/38/08/WZB/C-I dated 24-12-2007 [2008 (226) E.L.T. 605 (T)] in upholding the order of the Commissioner by which the CHA licence of the applicants was revoked for the reason that appe....

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....as he was under detention in Nashik Central Prison and, therefore, could neither file a reply nor appear for personal hearing granted to him. No plea of violation of the principles of natural justice was raised in the appeal disposed of by us vide final order dated 24-12-2007 which is the subject matter of the present ROM application. Further, the learned counsel's submission that the Tribunal err....

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....The last submission of the applicants is that the Statements of the above mentioned three persons cannot be relied upon in proceedings under CHA Licensing Regulations, 2004 as they were recorded under Section 108 of the Customs Act, 1962, which cannot be relied upon as held by the Tribunal in Thakkar Shipping Agency v. CC, Bombay - 1994 (69) E.L.T. 90 and Smita International v. CC, Mumbai - 2008 (....