2015 (12) TMI 230

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....under the provisions of Regulation 19(2) of the Customs Brokers Licensing Regulations, 2013 (CBLR, for short), ordered the suspension of the Customs Broker Licence No.11/799 of M/s. Rudolph Thomas Lobo & Co. Pvt. Ltd., ordered vide order No.51/2014-15 dated 14.10.2014, shall continue pending enquiry proceedings under Regulation 20 of the CBLR, 2013. The only point for our consideration in this appeal is whether the order of the Commissioner, dated 9.12.2014 is as per the statutory regulation governing the appellant or not. 2. In this regard, the learned counsel for the appellant submitted that the impugned order of suspension of licence is illegal and passed against the statutory provisions of the law and also in violation of the princip....

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....e date of receipt of the offence report which is admittedly not being done in this case. In these circumstances, the appellants counsel pleads for setting aside the suspension and allowing the operation of the CHA licence. In support of his submissions, the learned counsel relied upon the following judgments:- (i) AM Ahamed & Co. vs. CC(I), Chennai reported in 2014 (310) ELT 673 (Mad.); (ii) CC, Chennai vs. CESTAT, Chennai reported in 2014 (310) ELT 673 (Mad.); (iii) Sai Dutta Clearing Agency P. Ltd. vs. CC(G), Mumbai reported in 2015 (317) ELT 162 (Tri.-Mum.); (iv) Sri Radhakrishna Shipping (P) Ltd. vs. CC(G), Mumbai reported in 2015 (318) ELT 600 (Tri.-Mum.); (v) Durga Clearing Pvt. Ltd. (orde....