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2017 (1) TMI 4 - CESTAT MUMBAIRestoration of CHA licence - time limitations - there was inordinate delay about 3 to 4 years in processing the actions in CBLR, 2013 and CHALR, 2004 - the Bench seeks to understand if this is an exceptional case or such delays are happening as a matter of routine in total disregard of Regulation and CBE&C instructions - There are various decisions which hold that the time limits prescribed under the regulations are not directory but mandatory. There are some decisions otherwise too. In similar circumstances, earlier in the case of Skylark Travel Pvt. Ltd.[2016 (4) TMI 186 - CESTAT MUMBAI], wherein delay of 4 years had occurred, the Bench had sought data to ascertain if delays are regular or exceptional. The said data was not provided for a period of almost four months. The matter was heard on 23.11.2015, the Bench waited for four months for the data, however order pronounced on 22.03.2016. The order had to be passed without the benefit of the said data. There is an obvious resistance to providing the data. This creates a suspicion. It is obvious that some Customs Brokers suffer on account of such delays and some get benefit on account of such delays. Some custom broker, who have not committed any serious fraud and who ought not to be punished, get out of work for long periods during which the proceeding are delayed - In either case, it is bad for the system. It is in this context, the CBEC has issued the circulars dated 8.4.2010 - In exercise of powers under CESTAT Procedure Rule, 1982, we direct the Revenue to present the data regarding observation of various time limits prescribed under regulations. This data may be given in respect of cases taken up or pending in the Mumbai Customs since the amendment made by N/N. 30/2010-cus dated 8.4.2010 till 30.6.2016. The respondents are directed to produce the said data on 23.8.2016 at the time of next hearing. - Matter adjourned.
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