AI Structured Summary
Not yet generated for this judgment
Judgment
The appellant is in appeal against the impugned order where CHA License No. R-53/DEL/CUS/06 has been suspended by way of impugned order
dated 13.12.2012.
The brief facts of the case are that M/s Planet Overseas imported certain consignment twice through the appellant and same has been cleared by
them by filing Bill of Entry on 23.02.2012. The importer further imported certain consignments and appellant has not filed any Bill of Entry for these
subsequent imports. During the course of the investigation of import of subsequent consignment, it was found that consignment is carrying fire
crackers and the goods have been declared as toys. Therefore, investigation has started and on 18.09.2012 the Commissioner of Customs informed to
the Commissioner (Import in General) New Delhi, regarding the alleged role of the appellant that the appellant is involved in misdeclaration of the
description of goods and therefore their license was suspended immediately under regulation 20(2) of the CHA Rules, 2004.
On 19.12.2012, the order of suspension was confirmed by the Ld. Adjudicating Authority. Aggrieved from the said order, the appellant is before us.
Heard the parties.
Considering the fact that initially the suspension order under regulation 20(2) of CHALR Regulations, 2004 was passed on 16.10.2012 which was
confirmed on 19.12.2012 but thereafter no proceedings under regulation 22 of CHALR, 2004 has been initiated against the appellant.
In these circumstances, as no proceeding under Regulation 22 of CHALR 2004 has been initiated against the appellant, till date, the impugned order
is not sustainable, therefore we set aside the impugned order and allow the appeal with consequential relief with immediate effect. Order be given
dasti.
(Dictated and pronounced in the open court)