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2015 (3) TMI 243 - CESTAT MUMBAISuspension of CHA licence - Non submission of copies requested by appellant - Non completion of enquiry proceedings - Held that:- As per the provisions of Regulation 20 of CBLR, 2013, time-limits have been prescribed for completing the enquiry proceedings. A time-limit of 90 days have been prescribed for issue of notice from the date of receipt of an offence report; another 30 days time has been given to the CHA to file reply to the notice; another 90 days time to the inquiry officer to complete the inquiry report; another 30 days for the CHA to make his submission against the inquiry report. Thus, overall a period of 9 months has been prescribed for completing the inquiry proceedings and passing of an order under the provisions of law. The CBEC also, vide Circular No. 9/2010 dated 08/04/2010 has reiterated that these time-limits should be adhered to. This Tribunal also in the case of Bombay Shipping Agency has held that, if the inquiry is not completed within the stipulated period, the suspension need not be continued. In spite of such time-limits prescribed, the Customs authorities have not taken up the matter with any seriousness. There is no provision in the CBLR, 2013 or in the authority. Inasmuch as 15 months has passed since the passing of the suspension order and the Customs authorities have not bothered to complete the inquiry within the stipulated period of 9 months, we are of the considered view that this suspension need not be continued and the CHA should be allowed to function in this capacity. However, the Customs authorities are at liberty to complete the inquiry proceedings as early as possible. - Appeal disposed of.
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