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Sevenways Shipping Services Versus Commissioner of Customs, (Imports) , Chennai

2015 (11) TMI 947 - CESTAT CHENNAI

Suspension of CHA license - illegal baggage clearances at Chennai Seaport - CHA failed to discharge their duties and responsibilities as a CHA as per CHALR - Held that:- suspension of licence is almost three years now and the authority has not completed the proceedings till date. The Department's plea that delay is due to request of appellant to keep the matter pending as subjudice is not justified and acceptable. - The present procedure prescribed for completion of regular suspension proceeding .....

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CHA license, and for passing of an order by the Commissioner of Customs. Suitable changes have been made in the present time limit of forty-five days for reply by CHA to the notice of suspension, sixty days time for representation against the report of AC/DC on the grounds not accepted by CHA, by reducing the time to thirty days in both the cases under the Regulations.

Investigating authority shall furnish its report to the Commissioner of Customs who had issued the CHA license (Licen .....

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tion of the proceedings, in the present case, we find that even after 2 = years the proceedings are not completed. - Decided in favour of appellant. - Appeal No. C/188/2012 - FINAL ORDER No.40877/2015 - Dated:- 28-5-2015 - Shri R. Periasami, Technical Member And Shri P.K. Choudhary, Judicial Member For the Petitioner : Dr. S. Krishnanandh, Advocate For the Respondent : Ms. Indira Sisupal, AC (AR) ORDER Per R. Periasami This is an appeal filed by appellant-CHA against the order of Commissioner of .....

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s were recorded from authorized signatory of appellant. After due investigations, the CHA licence was suspended on 12.7.2012 under Regulation 20 (2) of CHALR which was further continued vide impugned order. Hence the present appeal. 3. Ld. Advocate for the appellant submits that the appellant's CHA licence was initially suspended on 6.7.2012 and subsequently the suspension was continued by the impugned order dt. 9.8.2012. Ld. Advocate submits that in this case, there was no SCN issued and no .....

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amined the records. In the instant case, the appellant's CHA licence was suspended vide order dt. 6.7.2012 under Regulation 20 (2) of CHALR 2004. Subsequently, the suspension was continued vide the impugned order dt. 9.8.2012. The adjudicating authority suspended the licence on the grounds that the CHA failed to discharge their duties and responsibilities as a CHA as per CHALR. It is held that CHA failed to inform the department on the clearance of baggage of his clients while filing the bil .....

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this Tribunal's order revoking the suspension on identical case. The relevant paragraph of Hon'ble High Court order is reproduced as under :- "26. The Government of India, Ministry of Finance (Department of Revenue), Central Board of Excise & Customs, New Delhi has also issued Circular No. 9/2010-Cus., dated 8-4-2010 in F. No. 502/2008-Cus VI, wherein clarification on procedures in issuance of licence to CHAs have been issued and it is relevant to extract the following paragrap .....

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tages of issue of Show Cause Notice, submission of inquiry report by the Deputy Commissioner of Customs or Assistant Commissioner of Customs recording his findings on the issue of suspension of CHA license, and for passing of an order by the Commissioner of Customs. Suitable changes have been made in the present time limit of forty-five days for reply by CHA to the notice of suspension, sixty days time for representation against the report of AC/DC on the grounds not accepted by CHA, by reducing .....

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such cases so that errors apparent, if any, can be corrected and an opportunity for personal hearing is given to the aggrieved party. Further, Board has also prescribed certain time limits in cases warranting immediate suspension under Regulation 20(2). Accordingly, the investigating authority shall furnish its report to the Commissioner of Customs who had issued the CHA license (Licensing Authority), within thirty days of the detection of an offence. The Licensing Authority shall take necessary .....

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Excise [(1996) 10 SCC 387 = 1996 (87) E.L.T. 19 (S.C.)] has held that the Board circular issued by the Central Board of Excise and Customs is binding on the Revenue and they cannot be challenged on the ground of inconsistency with any statutory provisions. .... .... ........ 31. The learned counsel appearing for the respective respondents has also brought to the knowledge of this Court the show cause notice issued by the Office of the Commissioner of Central Excise, Coimbatore in C. No. VIII/13 .....

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d to continue the order of suspension under Regulation 20(3) and however, it must be followed by a notice under Regulation 22 and the authority has to take a decision to suspend the licence permanently or revoke the licence under Regulation 22(1) and admittedly, such a step has not been taken in respect of the cases on hand. 32.As already pointed out by the Tribunal in the impugned order passed in the appeals that no person s right to carry on his profession can be stopped for a prolonged period .....

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