2018 (11) TMI 932

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....ment under Custom House Agents Licensing Regulations, 1984. They have also been operating in other parts of the country under the license issued to them by the Department in Hyderabad. During an investigation conducted by the DRI at Mumbai, it was found that the appellant had violated various conditions of the CHA licensing regulations and therefore his license was revoked by the Commissioner of Customs vide is Order-in-Original No. 08/2013-ADJ. (Cus) (Commnr) dated 25.06.2013. Aggrieved by this Order-in-Original, the appellant preferred appeal No. 27769/2013. Thereafter, it was also found that the appellant had violated same conditions of licence through their operations in Chennai and their Order-in-Original No. 15/2013 dated 18.11.2013 w....

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....me operative in the eventuality of the order dated 16-04-2013 being set aside by any appellant or higher judicial authority, as this order is being issue under independent separate proceedings. In our considered view, the impugned order is non est order inasmuch, order for revocation of licence cannot be in thin air. A CHA licence which is already revoked, cannot be again revoked subject to it being reinstated by higher authorities. In our view, this order of the adjudicating authority is not correct passed without any application of mind and needs to be set aside and we do so." As far as the appeal No. 27769/2013 is concerned, it is the submission of the Learned Counsel that their licence was revoked on the basis of an investigation repor....

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....he fraud and co-operated with the department. He further submits that the fees of Rs. 5,000/- which they charged as service charges is the normal rate which supports their claim of innocence and that they were not involved in any other offence and it was only a normal job undertaken by them. Their licence has been revoked under CHA Licensing Regulations, 2013 and for the last five years their business has stopped. This itself is an adequate penalty for any mistakes committed by them. 3. Learned Departmental Representative reiterates the findings of the Commissioner and argues that the behavior of the appellants shows that they have not received the import of documents directly but through Shri Sunil Yadav who was neither an employee nor th....

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....peal No. 20613/14 is concerned, Order-in-Original No. 15/2013-ADJN dated 18.11.2013 has revoked the CHA license of the appellant which had already been revoked on 25.06.2013. Therefore the licence was nonest at the time of passing this order hence needs to be set aside on this ground alone as you cannot revoke a licence which does not exist. In an identical case of S.A. Dalal & Co. (supra) it has been held that the CHA license which is already revoked cannot be again revoked subject to it being reinstated by higher authorities. Respectfully, we follow the ratio of this decision and hold that Order-in-Original No. 15/2013 needs to be revoked and appeal No. C/20631/2014 needs to be allowed and we do so. 6. As far as appeal No. 27769/2013 is ....