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2013 (12) TMI 37 - AT - CustomsSuspension of license - Ex part order passed - Held that:- It is also not in dispute that a post-decisional hearing of the CHA was held on 24-10-2011 within the prescribed time. On that date, the learned Commissioner also took note of a representation filed by the CHA. However, no decision was taken in the matter. As per Regulation 20(3) of the CHALR, 2004, the Commissioner ought to have passed an order within 15 days from the date of post-decisional hearing - the Circular, by adding the clause “where it is possible to do so”, liberalised the sub-regulation with a departmental bias. The time limit of fifteen days has to be considered as mandatory as per Regulation 20(3). Therefore we hold that the non-passing of order by the learned Commissioner of Customs, Hyderabad within 15 days from the post-decisional hearing dated 24-10-2011 is in clear violation of the mandatory provision of Regulation 20(3) which, as rightly pointed out by the learned counsel, vitiated the ex parte suspension order passed by the Commissioner. From the report received from the respondent’s side today, it appears that it is not the case of the respondent that non-passing of the order was due to any omission or fault or mistake of the appellant - Decided in favour of Appellant.
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