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GOWRI SHANKAR, G.N.SRINIVASAN
Interport Impex (P. ) Ltd. – Appellant
Versus
Commissioner of Customs, Mumbai – Respondent


Advocates Appeared:
S.N. Kantawala,G.B. Yadav

ORDER

Per Gowri Shankar :

Appeal taken up for disposal with the consent of both sides. The appeal is against the order dated 10th December, 1998 of the Commissioner of Customs, Mumbai suspending, under the provisions of Rule 21(2) of the Customs House Agent Regulation, 1984, the Custom House Agent licence issued to the appellant.

2 When the application for stay of operation of this order was heard on 21/12/1998 it was argued by the advocate for the appellant that the appeal itself might be decided. The matter was adjourned thrice for the departmental representative, thereafter to verify from the Commissioner the fate of the application made by the appellant for withdrawing the order of suspension. We are told by the departmental representative that their representation has been rejected.

3 The Commissioner ordered suspension on the ground that appellant's employee Dinesh yadav obtained fraudulently four refund orders in collusion with an employee of the department to the extent of Rs. 16.43 lakhs. It appears that the employee signed the refund claims purportedly from M/s Modest Maritime Services and received the proceeds and put them in bank account. In his order the Collector has orde

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