Custom, Excise & Service Tax Tribunal
(Arising Out Of Order-In-Original ... vs Commissioner Of Customs (General), ... on 1 September, 2014
IN THE CUSTOMS, EXCISE & SERVICE TAX APPELLATE TRIBUNAL, WEST ZONAL BENCH AT MUMBAI COURT No.II APPLICATION No.C/EH/96406/14 IN APPEAL No.C/675/12 (Arising out of order-in-original No.16/2012 dated 21/06/2012 passed by the Commissioner of Customs (General), Mumbai.) Applicant Represented by: Mr.Tarun Garg, Advocate Uniyal Cargo Movers Pvt. Ltd., Versus Commissioner of Customs (General), Mumbai Respondent Represented by:
Mr.J.S.Sharma, Supdt. (AR) Date of hearing 01/09/2014 Date of decision 01/09/2014 CORAM Mr. P.R. Chandrasekharan, Honble Member (Technical) Mr.Ramesh Nair, Honble Member (Judicial) ORDER No: ..
Per: P.R. Chandrasekharan
1. The application for early hearing has been made against order-in-original No.16/2012 dated 21/06/2012 passed by the Commissioner of Customs (General), Mumbai. Vide the impugned order, the adjudicating authority has prohibited the appellant, M/s.Uniyal Cargo Movers Pvt. Ltd., from operating as CHA in Mumbai, in terms of Regulation 21 of the CHALR, 2004. The learned Counsel prays for early hearing of the appeal.
2. Under the CHALR, 2004, an appeal before the Tribunal lies only in respect of suspension of a CHA licence or revocation of CHA licence. The CHALR does not provide for filing of appeal before the Tribunal against an order of prohibition by the Commissioner of Customs. Therefore, the impugned appeal is not maintainable before this Tribunal. Accordingly, the appeal is dismissed as non-maintainable. (Dictated in Court) (Ramesh Nair) Member (Judicial) (P.R. Chandrasekharan) Member (Technical) pj 2