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Rudolph Thomas Lobo & Co. (P) Ltd. Versus Commissioner of Customs (General) , Mumbai

2015 (12) TMI 230 - CESTAT MUMBAI

Suspension of CHA License - Regulation 19(2) of the Customs Brokers Licensing Regulations, 2013 - violation of the principles of natural justice - Held that:- Since the statutory period in this case has expired and the enquiry has not yet been completed, the suspension of licence should not be continued. Suspension should not be continued if the enquiry proceedings are not completed within the prescribed time limit of nine months. The appellant s licence was suspended since 14.10.2014 and the sa .....

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pending completion of enquiry by the Customs authorities. - Petition disposed of. - APPEAL No. C/85430/15-Mum - Final Order No. A/3594/2015-WZB/CB - Dated:- 29-10-2015 - Mr. S.S. Garg, Member (Judicial) And Mr. Raju, Member (Technical) For the Petitioner : Shri C. Subba Reddy, Advocate For the Respondent : Shri S.J. Sahu, Assistant Commissioner (AR) ORDER Per: S.S. Garg This appeal is directed against order-in-original No. 60/2014-15 dated 9.12.2014 passed by Commissioner of Customs (General), .....

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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 liable to be set aside. 2.1 The learned counsel for the appellant-CHA submits that the said CBLR, 2013 lays down the time limit f .....

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tice dated 20.5.2015 which is issued after the delay of 129 days whereas it should have been issued before 10.1.2015. 2.3 The learned counsel further submits that as per Regulation 20(1) of CBLR, 2013, the enquiry shall be completed within a period of 90 days from the date of issue of the charge-sheet whereas in the present case, the said date expired on 10.7.2015. In the meantime, the appellant filed reply denying the charges and requested for supplying the list of witnesses. A communication in .....

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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) D .....

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the enquiry proceedings which is in progress. He further submitted that the time limit prescribed in CBLR, 2013 is directory and not mandatory in nature. In support of his submission, he relied upon the decision of the Honble Calcutta High Court in the case of Bose Enterprise & Anr. vs. UOI in WP No. 143 of 2010, GA No.253 of 2011, decided on 15.3.2011. 4. We have considered the submissions of both parties and perused the records. 5. The learned counsel for the appellant also referred to t .....

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