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2015 (11) TMI 1323 - CESTAT NEW DELHI

2015 (11) TMI 1323 - CESTAT NEW DELHI - 2016 (343) E.L.T. 610 (Tri. - Del.) - Suspension of the licence - violation of Regulation 13(a) on the ground that neither the exporter nor the suspected middleman could be found at their available addresses and that the CHA also failed to follow Regulation 13(a), 13(k) and 13(o) by not obtaining authorisation from the exporter (as none was produced before the investigation officer), not maintaining the prescribed job register and not verifying the identit .....

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ts, with regard to completion of suspension proceedings, such proceedings will have to be held to be fatally vitiated, more so when such proceedings have a direct and adverse bearing on some-one's livelihood and freedom to pursue a profession. Here is the case where the hearing was granted nine months after the suspension order while the time limit was 15 days and order was issued almost seven months after the hearing while it was expected to be issued in about 15 days. - we do not find any just .....

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cise of the powers conferred under sub-regulation (3) of Regulation 20 of the CHALR, 2004 confirmed the suspension order No. 09/POLICY/VKG/2011 dated 2.5.2011 suspending the CHA licence of the appellant CHA till the proceedings contemplated against it under Regulation 22 ibid were completed. 2. The facts of the case are as under: Mumbai Customs reported that the export consignment of M/s VACKs Enterprise, Bhiwandi under four Shipping Bills all dated 26.8.2010 covering the goods viz. ladies garme .....

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violation of Regulation 13(a) on the ground that neither the exporter nor the suspected middleman could be found at their available addresses and that the CHA also failed to follow Regulation 13(a), 13(k) and 13(o) by not obtaining authorisation from the exporter (as none was produced before the investigation officer), not maintaining the prescribed job register and not verifying the identity and antecedents of the exporter. The appellant also failed to exercise proper supervision over its emplo .....

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that may be taken against the CHA or any other person (s)/ firm (s) etc. under the provisions of the Customs Act, 1962 and Rules/Regulations framed there under or any other law for the time being in force for the present or any other past violations committed by them." 3. The appellant has contended that: (i) The investigation by SIIB, Bombay commenced on 21.9.2010 and the suspension was ordered on 2.5.2011. Thereafter the hearing for confirmation of suspension was conducted on 28.2.2012 a .....

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s not necessary to go into the details of the merits of the case. It is seen that CBEC vide Circular No. 9/2010-Cus. dated 8.4,2010 inter alia communicated the following decision with regard to "time limit for completion of suspension proceedings against CHA licencee under Regulation 22: "7.2. In cases where immediate suspension action against a CHA is required to be taken by a Commissioner of Customs under Regulation 20(2), there is no need for following the procedure prescribed under .....

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ccordingly 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 taken necessary immediate suspension action within fifteen days of the receipt of the report of the investigating authority. A post-decisional hearing shall be granted to the party within fifteen days from the date of his suspension. The Commissioner of Customs concerne .....

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