2010 (5) TMI 847

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....hri Manish Mohan, SDR For the Respondent : Shri Vishal Agarwal, Advocate ORDER PER : P.G.CHACKO This appeal filed by the department is against the Commissioner's order restoring the CHA licence to the respondent. In the earlier round of litigation, the respondent had challenged an order of the Commissioner revoking the CHA licence , before this Tribunal and the matter was remanded to t....

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....rovisions, under Regulation 23(7) of the CHALR 1984. 3. Aggrieved by the Commissioner's order, the respondent preferred an appeal to this Tribunal, which was allowed by way of remand vide Order No. C.1/3732-33/WZB/2000 dt 14.10.2000. The operative part of the said order reads as follows:- "We therefore allow this appeal and set aside the impugned order. The Commissioner shall, if he do....

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....ions and accept the enquiry officer's report dropping the charges against M/s. Jac Enterprises. ORDER In view of the finding recorded above, I, Dr. G.K.Pillai, Commissioner of Customs (G), Mumbai, hereby restore the CHA Licence of M/s. Jac Enterprises, CHA No.11/890." 5. The present appeal of the Revenue is against the above findings and order. The ld.SDR submits that the impugned or....

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.... the scheme of the CHALR. He submits that, whereever necessary, appropriate remedies were also provided thereunder against any decision of the Commissioner adverse to a CHA. It is submitted that the CHALR constituted a self-contained code and, therefore, only the remedy provided thereunder could be resorted to. In this connection, the ld.counsel has also claimed support from a few decisions of the....