Custom, Excise & Service Tax Tribunal
M/S. Sun Clearing & Forwarding Services ... vs Commissioner Of Customs (General), ... on 13 May, 2009
IN THE CUSTOMS, EXCISE AND SERVICE TAX APPELLATE TRIBUNAL, WEST ZONAL BENCH AT MUMBAI
APPLICATION NO. C/S/1933/08 IN APPEAL NO. C/1251/08 Mum
(Arising out of Order-in-Original No. 90/2008 dated 17.12.2008 passed by the Commissioner of Central Customs (General), Mumbai)
For approval and signature:
Honble Shri. A.K. Srivastava, Member (Technical)
and
Honble Shri Ashok Jindal, Member (Judicial)
1. Whether Press Reporters may be allowed to see : No
the Order for publication as per Rule 27 of the
CESTAT (Procedure) Rules, 1982?
2. Whether it should be released under Rule 27 of the : Yes
CESTAT (Procedure) Rules, 1982 for publication
in any authoritative report or not?
3. Whether Their Lordships wish to see the fair copy : Seen
of the Order?
4. Whether Order is to be circulated to the Departmental : Yes
authorities?
M/s. Sun Clearing & Forwarding Services Ltd.
:
Appellants
Versus
Commissioner of Customs (General), Mumbai
Respondents
Appearance Ms. Abriti Maudgal, Advocate for Appellant Shri for Respondents CORAM:
Shri. A.K. Srivastava, Member (Technical) Shri. Ashok Jindal, Member (Judicial) Date of Hearing : 13.05.09 Date of Decision : 13.05.09 ORDER NO.
Per : Shri. Ashok Jindal, Member (Judicial) This stay application is filed by the applicant against the Order-in-Original No. 90/2008 dated 17.12.2008 passed by the Commissioner of Customs (General), Mumbai. In the impugned Order, the Commissioner has suspended the CHA Licence No. 11/499 held by the applicant M/s. Sun Clearing & Forwarding Services Ltd.
2. After examining the records and hearing both sides, we find that the appeal itself can be taken up for disposal.
3. During the course of the submissions, the ld. Counsel for the appellant submits that the CHA licence No.11/499 of the appellant was suspended with immediate effect vide Order No. 90/2008 dated 17.12.2008 and after giving the post decisional hearing, the suspension of the CHA licence was confirmed vide No. 113/2008 dated 23.01.2009. The learned counsel further submits that the appellant filed the stay petition and the appeal on the ground among others that no personal hearing was given to them, which is in violation of the principles of natural justice.
4. The same has been followed by the adjudicating authority and by following the principles of natural justice the adjudicating authority passed another Order on 23.01.2009, for the suspension of the CHA Licence No. 11/499.
5. In view of the submissions made above, we find the appeal filed by the appellant against Order No. 90/2008 dated 17.12.2008 has become infructuous and same is liable to be dismissed and we do so. The stay petition is also disposed of accordingly. (Pronounced in Court) (A.K. Srivastava) Member (Technical) (Ashok Jindal) Member (Judicial) nsk 2