2009 (8) TMI 906

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....9. The present appeal is directed against the Commissioner's order dated 30-1-2009. 2. The ld. Counsel for the appellant submits that the licence was suspended after nearly 3 years since the relevant event. The relevant event is, export of Soap Stone Powder in the guise of Bulk Drugs declared in the relevant shipping bills. The appellant was the signatory to those shipping bills. However, in a statement given in July, 2008 under Sec. 108 of the Customs Act, Shri S. Venkatraman admitted that he had allowed his licence to be used by others against payment of monetary consideration. In that statement, the appellant confessed to having allowed two persons to use his CHA licence against payment of monetary consideration. A statement was recor....

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.... 2005 and the licence was suspended in October, 2006. This order of suspension was challenged by the CHA. The order of Hon'ble High Court noted that no show-cause notice had been issued to the CHA thitherto. Considering such facts, the Hon'ble High Court dismissed the appeal filed by the Commissioner of Customs against the Tribunal's order setting aside the Commissioner's order of suspension of CHA licence. In the case of Tass Clearing Services Pvt. Ltd. supra, also, there was a delay between the detection of case and the suspension of CHA licence, and consequently the order of suspension was set aside. The other decisions cited by the ld. Counsel are also more or less to the same effect. As pointed out by the ld. SDR, we have found a disti....