2015 (10) TMI 97

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....Before admitting the appeal, the Bench dealt the issue on the maintainability of appeal against AC's letter and vide misc. order dt. 1.5.2015, Revenue was directed to confirm whether any order was passed by the Commissioner directing his subordinate to convey his decision and the matter was listed on 22.5.2015. Thereafter, the Registry was directed to admit appeal and issued notice for hearing on 19.6.2015. On 1.7.2015, the appellant was granted early hearing of appeal vide MISC Oder No.40975/2015 dt. 10.7.2015. Accordingly, the appeal is arising for hearing today. 3. The short issue in this case relates to periodical renewal of Customs Broker licence by the Competent Authority pending outcome of the Hon'ble High Court decision aga....

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....ctory. He further submits that when there is absolute stay granted by the High Court against the order dt. 30.4.2014, the same cannot be relied on past antecedents. He also submits that there is no fresh allegation of antecedents made out by department for denial. He relied this Tribunal decision in similar circumstances in the case of Sharp Cargo Movers Vs CC New Delhi - 2003 (162) ELT 361 (Tri.-Del.) wherein the Tribunal directed the Commissioner to issue temporary working CHA licence. 5. On the other hand, Ld. A.R reiterates the order and submits that reasons for rejection of renewal are brought out in the order.  She drew our attention to High Court order dt. 5.12.2014. 6. After hearing both sides, we find that appellant-CHA lice....