Commissioner of Customs (General) Vs S.S. Clearing and Forwarding Agency

Bombay High Court 8 Mar 2006 Customs Appeal No. 7 of 2006 (2006) 03 BOM CK 0143
Bench: Division Bench

Judgement Snapshot

Case Number

Customs Appeal No. 7 of 2006

Hon'ble Bench

R.M. Lodha, J; J.P. Devadhar, J

Advocates

Vijay Kantharia, instructed by T.C. Kaushik, for the Appellant; S.N. Kantawala and Jogesh Rohira, for the Respondent

Judgement Text

Translate:

@JUDGMENTTAG-ORDER

1. The learned Counsel for the appellant and Mr. S.N. Kantawala, the learned Counsel for the Respondent.

2. The following substantial questions of law arise in this appeal:

(a) Whether for initiating inquiry proceedings under the provisions of the Customs House Agents, Licensing Regulations, 1984 against Customs House Agent, is it necessary or precondition to initiate action against the custom house agent under the provisions of Customs Act, 1962?

(b) Whether the inquiry proceedings under the Customs House Agents Licensing Regulations, 1984 are independent and distinct from any other penal action or any other proceedings under the provisions of Customs Act, 1961?

3. Admit.

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