2013 (9) TMI 1016

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..... endra B. Mishra, for the Respondent. ORDER This appeal against the order dated 8 November, 2012 of Customs, Excise & Service Tax Appellate Tribunal (CESTAT) was admitted on 13 December, 2012. By the above order dated 8 November, 2012, the CESTAT dismissed the appellant's appeal from order dated 27 July 2012, suspending the appellant's licence as Customs House Agents (CHA) under Regulation 20 of .....

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..... . Learned Counsel for the appellant further relied upon para 7.2 of the Circular No. 9/2010-Customs, dated 8 April, 2010. In support of its contention that the Licensing Authority was required to take a decision to suspend the CHA licence within fifteen days from the date of receipt of the report of the Investigating Authority, who in turn is required to submit his report within thirty days o .....

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..... d by cross-examination. Therefore, the order passed by the Licensing Authority on the Enquiry Officer will be passed after considering all the issues in depth. We are conscious of the fact that such long delay in completing the proceedings causes prejudice to the appellant as its licence to do business is under suspension pending enquiry under Regulation 22 of the CHALR. 5. However, in the p .....

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..... e of submission of report by the Enquiry Officer. 6. In other words, Regulation 22 of CHALR contemplates that entire enquiry from the date of issuing of notice under clause (1) of Regulation 22 of CHALR till the date of the decision of the Commissioner of Customs under clause (7) of Regulation 22 of CHALR is required to be completed within 180 days i.e. maximum six months. In the facts of th .....

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..... ending before the Enquiry Officer and that, if required, will also submit its representation on the Enquiry Officer's report to the Commissioner of Customs i.e. the Licensing Authority within one week of its receipt. 9. In view of the above, we direct the Commissioner of Customs to ensure that the entire process under Regulation 22 of CHALR including his order be completed by 31 October, 201 .....

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