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2015 (12) TMI 229 - CESTAT NEW DELHI

2015 (12) TMI 229 - CESTAT NEW DELHI - 2016 (331) E.L.T. 614 (Tri. - Del.) - Suspension of CHA license - forfeiture of security deposit - imposition of penalty - Held that:- There is no clarity about receipt of an offence report or the date of such receipt hence even if it is assumed that the date of order of immediate suspension is taken for reckoning the time limit for issue of show cause notice, the notice issued on 27.08.2014 is issued almost five months after the due date. Similarly, the in .....

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e same is to be set-aside - Decided in favour of appellant. - Customs Appeal No. 51977 of 2014 And Customs Appeal No. 52538 of 2015 - Final Order Nos. C/A/53232-53233/2015-CU(DB) - Dated:- 14-10-2015 - G Raghuram, President And B Ravichandran, Member (T) For the Appellant : Ms Vibha Narag alongwith Ms. Neelam Murpana Advs For the Respondent : Shri Ranjan Khanna, DR ORDER Per B Ravichandran There are two appeals filed by the appellants. One is relating to suspension of CHA license, the other one .....

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re initiated against the appellant both under the Customs Act, 1962 and Custom House Agent Licensing Regulations, 2004 (CHALR, 2004)/ Customs Brokers Licensing Regulations, 2013 (CBLR, 2013). 2. The appellants were issued with a show cause notice for imposition of penalty under Customs Act, 1962 on 27.09.2013. On 06.12.2013 order for suspending their CHA license was issued. On 28.01.2014 order for confirming the suspension was issued. The appellants were issued with a show cause notice on 27.08. .....

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ve been adhered to. The time schedules prescribed under these regulations during the relevant period are as follows: CHALR, 2004 CBLR, 2013 Purpose Specified Time Period 22(1) 20(1) Issuance of Show Cause Notice to the CHA/CB by the Commissioner. Within 90 Days from the date of receipt of an offence report. 22(5) 20(5) Preparation of Report of Inquiry by the Deputy/ Assistant Commissioner. Within 90 Days from the date of issuance of the Show Cause Notice. 22(7) 20(7) Passing of Order by the Comm .....

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eputy/ Assistant Commissioner is to be made within ninety days of issue of show cause notice. In the present case, there is a delay of three months after the time limit prescribed under the said Regulation. There is also a delay in issuing the impugned order of revocation which is beyond ninety days of submission of inquiry report. 5. The impugned order also dealt with the question of time bar as pleaded by appellant. Ld. Commissioner stated that the decision of Hon'ble Madras High Court in .....

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6. We find that the original authority is in complete error in stating that the Hon'ble Madras High Court in A. M. Ahamed & Co. (supra) dealt with only what is an 'offence report'. The Hon'ble High Court categorically held that the Commissioner is duty bound to initiate proceedings within ninety days from the date of receipt of offence report. The Hon'ble High Court held that it is not the case of Revenue that time limit prescribed in Regulation 22(1) is only directory an .....

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y misplaced. The Hon'ble High Court in that case was dealing with powers of Government of India to extent the imposition of anti-dumping duty after the expiry period. The Hon'ble High Court was dealing with entirely different set of legal provisions and facts and circumstances. We find the Hon'ble High Court decision in A. M. Ahamed & Co. (supra) is directly dealing with CBLR and the legal sanctity of time limit prescribed under the Regulations. As such, we find the order of the .....

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