2019 (5) TMI 1746

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....y, Member (J) and C.L. Mahar, Member (T) Shri Arun Goyal, Advocate, for the Appellant. Shri Vivek Pandey and Rakesh Kumar, Authorised Representatives, for the Respondent. ORDER The appellant/applicant who is the CHA have filed this Miscellaneous Application under Regulation 41 of the CESTAT (Procedure) Rules along with COD, for modification of Final Order No. C/A/52655/2018-CU(DB), dat....

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....ms (Preventive), Jodhpur, in view of penalty of Rs. 50,000/- imposed. Being aggrieved, the appellant preferred Appeal No. C/51496/2018 (DB) which was disposed of vide Final Order No. 52655/2018, dated 31 July, 2018 upholding the denial of renewal of CHA licence on the ground that penalty imposed of Rs. 50,000/-, by the earlier CESTAT Order, stands. 4. Being aggrieved and as advised, the ap....

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....the office of the Commissioner of Customs (Preventive), Jodhpur, for renewal and restoration of their CHA license, and re-consideration of the renewal of the license. However, they were informed orally that in view of the Final Order dated 31 July, 2018, in the other Appeal No. C/51496/2018 of this Tribunal, the Commissioner cannot take up the issue of renewal of their license. Accordingly, the ap....

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....ention and perusal of records, we find that Regulation 41 of CESTAT (Procedure) Rules provides for passing of such further orders by this Tribunal, so as to give effect to its orders and also to promote the cause of justice. Further, Section 151 of Civil Procedure Code provides that a Court can pass any Order, in the interest of justice. Accordingly, we deem it just and proper to modify the Final ....