Bombay High Court
The Principal Commissioner Of Customs ... vs Mukadam Freight Systems Pvt. Ltd on 3 August, 2022
Bench: Dhiraj Singh Thakur, Abhay Ahuja
Priya Soparkar 1 22 cuapp 18-21-os
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
CUSTOMS APPEAL NO.18 OF 2021
The Principal Commissioner of Customs (General) ... Appellant
PRIYA
RAJESH V/s.
SOPARKAR Mukadam Freight Systems Private Limited ... Respondent
Digitally signed by
PRIYA RAJESH
SOPARKAR
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Date: 2022.08.05
10:34:54 +0530 Mr.P.S.Jetly, Senior Advocate alongwith Mr. J.B.Mishra, Advocates for the
Appellant.
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CORAM : DHIRAJ SINGH THAKUR AND
ABHAY AHUJA, JJ.
DATE : AUGUST 03, 2022.
P.C.:-
1. Heard learned counsel for the appellant.
2. We admit the appeal on the following substantial question of law:-
"Whether the CESTAT is right in law in holding that the power to review an Order under Section 129D of the Customs Act, 1962 is unavailable to the Revenue in respect of violation of Customs House Agents/Customs Brokers Regulations, in cases where proceedings relating to suspension/revocation of Customs House Agents/Customs Brokers are dropped?"
3. Issue notice to the respondent.
4. Call for record and proceedings.
5. Registry is directed to communicate copy of this order to the Tribunal. This would enable the Tribunal to keep papers and proceedings relating to the present appeal available, to be produced when sought for by the Court.
6. List alongwith Customs Appeal No.13 of 2000. (ABHAY AHUJA, J.) (DHIRAJ SINGH THAKUR, J.) ....