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Durga Clearing Private Limited Versus Commissioner of Customs (General) , NCH, Mumbai

2015 (7) TMI 1045 - CESTAT MUMBAI

Revocation of CHA License - Investigation not completed within 9 months - Held that:- Appellant s licence has been suspended since 19/12/2013 and the same continued to remain under suspension by the impugned order dated 13/1/2014. CBLR, 2013 itself h .....

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stances it will be in the interest of equity and justice to set aside the suspension and allow the appellant to function as a CHA pending completion of inquiry by the custom authority - Decided in favour of Appellant. - APPEAL NO. C/85343/14 - order .....

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r This appeal is directed against order Order No.45/2013 dtd. 13/1/2014 passed by the Commissioner of Customs (General), New Customs House, Mumbai-I, wherein Ld. Commissioner by exercising power conferred under Provisions of Regulations 19(2) of CBLR .....

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the appellant submits that DRI issued preliminary offence report on 13/6/2013 which was followed by detailed report vide letter F. NO. DRI/MZU/F/ 16/2012-13 dated 12/12/2013 thereafter the respondent suspended licence on 19/12/2013 subsequently by th .....

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eriod of 18 months. It is his submission that as per the Customs Broker Licence Regulation, 2013 statutory time period has been provided for completion of investigation and the total period for investigation provided is 9 months. In the present case .....

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10 wherein Board has clarified that overall period of 9 months have been prescribed from the date of receipt of offence report for completion of the inquiry and taking decision by the licencing authority. Since not only 9 months, even more than 18 mo .....

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l), Mumbai[2014 (299) ELT 352(Tri-Mumbai) (b) Vinod Tomar Vs. C.C. New Delhi [2011(272) ELT 564(Tri- Del)] (c) Babaji Shivram Clearing & Carriers Pvt. Ltd. Vs. UOI[2011(269) ELT 222(Bom.)] (d) Tass Clearing Serivces Pvt. Ltd. Vs. CC, Hyderabad-II .....

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should not be continued if the inquiry proceedings are not completed within prescribed time limit of 9 months. 3. On the other hand, Shri. S.J. Sahu Ld. Asstt. Commissioner, (A.R.) appearing on behalf of the Revenue reiterates the findings of the im .....

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