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2015 (12) TMI 930 - MADRAS HIGH COURT

2015 (12) TMI 930 - MADRAS HIGH COURT - 2016 (334) E.L.T. 274 (Mad.) - Revocation of CHA License - Forfeiture of security deposit - penalty under Regulation 18 of the Customs Brokers Licensing Regulations, 2013 - Held that:- Licence granted to the respondent herein had expired, on 24.2.2015, and therefore, the contentions raised by the learned counsels appearing on behalf of the parties concerned are academic in nature. It is noted that the respondent herein had submitted an application, dated 9 .....

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state that the impugned notice issued by the appellant, dated 5.3.2015, is beyond the period of limitation of 90 days prescribed under the relevant Regulation, taking note of the fact that the investigation report had been received, by the appellant, on 29.5.2012, as stated in Paragraph-6 of the common counter affidavit filed by the respondent, on 26.10.2015 - it is clear that it would be open to the appellant to consider the application of the respondent for the renewal of the licence, taking .....

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n W.P.Nos.7188 and 7189 of 2015. 2. The Writ Petition, in w.P.No.7188 of 2015, had been filed, praying for the issuance of a Writ of Certiorarified Mandamus calling for the records relating to the show cause notice, issued by the respondent therein in F.No.R.-146/CHA, dated 5.3.2015, and to quash the said show cause notice. 3. The Writ Petition, in W.P.No.7189 of 2015, had been filed praying that this Court may be pleased issue a Writ of Mandamus, directing the respondent to renew the Customs Br .....

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y deposit made by it should not be forfeited, or a penalty be imposed, under Regulation 18 of the Customs Brokers Licensing Regulations, 2013, for its failure to comply with the provisions of the said Regulations. 5. It had been stated that the impugned show cause notice cannot be sustained, as it had been issued by the appellant in violation of the period of limitation prescribed, under Section 20(1) of the Customs Brokers Licensing Regulations, 2013, which stipulates that the show cause notice .....

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dent herein, on 9.1.2015. 6. The learned single Judge had set aside the impugned show cause notice, dated 5.3.2015, stating that the said notice had been issued beyond the period of limitation prescribed, under Section 22(1) of the Customs House Agents Licensing Regulations, 2004. The learned Judge had further directed the appellant to renew the customs brokers licence of the respondent herein by considering its application, dated 9.1.2015, if it is in order, in accordance with law, within a per .....

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in nature. It is noted that the respondent herein had submitted an application, dated 9.1.2015, for the renewal of Customs Brokers Licence. It is also noted that the impugned show cause notice issued by the appellant, dated 5.3.2015, has been issued, under Section 20(1) of the Customs Brokers Licensing Regulations, 2013, for the revocation of the licence issued to the respondent herein and for other consequences. In view of the fact that the licence issued to the respondent had expired on 24.2. .....

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