2016 (11) TMI 850

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....t ORDER Per M. V. Ravindran This appeal is directed against order-in-original No. S/8-28/2014-15/CBS dated 29.02.2016 vide which the office of the Principal Commissioner of Customs (General), Customs Broker Section, New Custom House, Mumbai has debarred appellant from undertaking any customs work in the said Custom House. 2. Heard both sides and perused the records. 3. It is seen fr....

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....ssioner of Customs is not in accordance with the law as no show-cause notice was issued to him before debarring and in the inquiry proceedings before the Inquiry Officer he was not charge sheeted; in the absence of any charges/allegations against him he cannot be debarred from the Customs Brokers work in the Customs House. Learned Advocate would rely upon the decision of the Tribunal in the case o....

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....ng appellant is in respect of provisions of Customs Act and Rules & Regulations made thereof. In our view this is not an administrative order but an order which is appealable before the Tribunal. 5.1 We find strong force in the contentions raised by appellant as the issue is decided by the Tribunal in the case of Krishna Hirlekar (supra) wherein the Bench held as under:- "4. After hear....