2017 (3) TMI 159

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....ssioner of Customs (General), NCH, New Delhi vide which he has rejected the suspension of respondents' CHA license earlier vacated by order dated 22.12.2014, Revenue has filed the present appeals being C/51078/2015. Similar is the case in other two appeals wherein the Commissioner of Customs had revoked the suspension of CHA license. 2.  Before going to the merits of the case, learned Advocate appearing for the respondent has raised a preliminary issue. It is the contention of the learned Advocate that the suspension of the CHA stand revoked by the Commissioner in terms of powers conferred under the Regulation 20(3) of CHALR 2004. As per the provisions of said regulations, the Revenue has no right to appeal against the order of ....

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....ring & Shipping Agency [2003 (161) E.L.T. 483 (Tri.-Mumbai], wherein it was held that the right to prefer an appeal to the Tribunal under Sec. 129A of the Customs Act, 1962 against an order passed under Regulation 21 or 23 was available only to a CHA. The ld. counsel has also invited our attention to the scheme of the CHALR. He submits that, wherever 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 Hon'ble High Court. In the case of A.S. Vasan & ....