2008 (6) TMI 612

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....th sides. 2. The appellant filed this appeal against the order passed by the Commissioner of Customs whereby CHA licence of the appellant was suspended as per the provisions of Regulation 20(2) of Customs House Agents Licensing Regulations, 2004. 3. The present impugned order is passed in pursuance to the order passed by the Tribunal. The Tribunal held as under:- "Taking all the facts and....

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....ediate action is required, the CHA licence can be suspended where an enquiry against such agent is pending or contemplated. The submission of the appellant is that the licence was not suspended immediately, therefore, the impugned order is not sustainable. The appellant relied upon the following decisions of the Hon'ble Bombay High Court:- (1) CC vs. Burieigh International reported in 2008 ....

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....er dated 31.12.07 dropped the charge of forgery. Therefore, as the charge of forgery which is base of the suspension is now set aside by the Commissioner (Appeals), therefore, the order is not sustainable. 6. The Revenue submitted that in this case the goods were imported by declaring the same as automatic data processing machine whereas subsequently the same were found to be plasma monitor. In....

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...., the order of suspension is rightly made. The Revenue also relied upon the decision of the Hon'ble High Court in the case of Sindhu Cargo Services Ltd. vs. CC reported in 2006 (203) ELT 218. The contention is that the order of suspension pending enquiry cannot be considered as an order of punishment. The contention is also that show-cause notice for revocation of licence under Regulation 20(1....