LAWS(MAD)-2006-5-19

CARGOMAR Vs. COMMISSIONER OF CENTRAL EXCISE

Decided On May 01, 2006
CARGOMAR Appellant
V/S
COMMISSIONER OF CENTRAL EXCISE Respondents

JUDGEMENT

(1.) BY consent of counsel on either side, the writ petitions are taken up for final disposal.

(2.) THE petitioner is a partnership firm. The firm was holding a regular licence granted under Regulation 10 of the Customs House Agents Licensing Regulations, 1984 (in short, CHALR) read with Section 146 of the Customs Act, 1962 to transact business as a Customs House Agent (in short, CHA) and the said licence was issued by the Cochin Customs House. After framing of the new Regulations under the Customs House Agent Licencing Regulations 2004, the petitioner was permitted to operate in the Chennai Custom House with the said licence and the petitioner has also been operating in Coimbatore. The first respondent in W. P. No. 5663 of 2006 suspended the licence with immediate effect as per order dated 15. 02. 2006 under Regulation 20 (2) of the CHALR 2004. The said order dated 15. 02. 2006 is challenged in W. P. No. 5663 of 2006.

(3.) SUBSEQUENTLY, the respondent / the Commissioner of Customs, Chennai, by an order dated 27. 02. 2006 suspended the operation of the petitioners Licence No. 153/coc based on the suspension order dated 15. 02. 2006 passed by the first respondent in W. P. No. 5663 of 2006. Challenging the same, W. P. No. 7129 of 2006 has been filed.