9911796707
TMI Blog2015 (12) TMI 230X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Customs Brokers Licensing Regulations, 2013 (CBLR, for short), ordered the suspension of the Customs Broker Licence No.11/799 of M/s. Rudolph Thomas Lobo & Co. Pvt. Ltd., ordered vide order No.51/2014-15 dated 14.10.2014, shall continue pending enquiry proceedings under Regulation 20 of the CBLR, 2013. The only point for our consideration in this appeal is whether the order of the Commissioner, dated 9.12.2014 is as per the statutory regulation governing the appellant or not. 2. In this regard, the learned counsel for the appellant submitted that the impugned order of suspension of licence is illegal and passed against the statutory provisions of the law and also in violation of the principles of natural justice and, therefore, is li ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dmittedly not being done in this case. In these circumstances, the appellants counsel pleads for setting aside the suspension and allowing the operation of the CHA licence. In support of his submissions, the learned counsel relied upon the following judgments:- (i) AM Ahamed & Co. vs. CC(I), Chennai reported in 2014 (310) ELT 673 (Mad.); (ii) CC, Chennai vs. CESTAT, Chennai reported in 2014 (310) ELT 673 (Mad.); (iii) Sai Dutta Clearing Agency P. Ltd. vs. CC(G), Mumbai reported in 2015 (317) ELT 162 (Tri.-Mum.); (iv) Sri Radhakrishna Shipping (P) Ltd. vs. CC(G), Mumbai reported in 2015 (318) ELT 600 (Tri.-Mum.); (v) Durga Clearing Pvt. Ltd. (order No.A/2035/15/CB dated 8.7.2015 in appeal No. C/85343/14); (vi) Mohindra Shipping ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ompleted within the prescribed time limit of nine months. The appellants licence was suspended since 14.10.2014 and the same continued to remain under suspension by the impugned order dated 9.12.2014. CBLR, 2013 itself has prescribed an overall time limit of nine months to complete the proceedings against the CHA right from the initiation of the proceedings to its final disposal. None of the time limit has been adhered to by the Customs authorities in this case. In these circumstances, it will be in the interest of justice, equity and fair play to set aside the suspension and allow the appellant to function as CHA, pending completion of enquiry by the Customs authorities. 6. In these circumstances, we are constrained to set aside the orde ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
