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2015 (12) TMI 1430 - MADRAS HIGH COURT

2015 (12) TMI 1430 - MADRAS HIGH COURT - TMI - Suspension of CHA License - Bill of Entries were filed by the Petitioner on behalf of M/s.Shahi Foods, Chennai and M/s.High Regards International, Chennai, declaring the goods as biscuits, juices, confectionery, cheese, sausages and beverages without obtaining authorization and without verifying the antecedents, correctness and identity of their clients and violated the provision of Regulation 13(a), 13(b), 13(d), 13(e) and 13(k) of CHALR 2004 (Regu .....

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ed 23.12.2014, accepting the delay of one year. However, by notice dated 23.12.2014 under Regulation 20, it was proposed to impose penalty and to forfeit the security, which is also barred by limitation. Despite the same, it is the case of the Respondents that on intelligence, it was found that the Petitioner misdeclared and undervalued the goods and has violated the provisions of the CBLR. - without going into the merits of the case, since the stay granted by this court in the other Writ Petiti .....

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an, SC ORDER In this Writ Petition, the Petitioner seeks for a direction to the 1st Respondent to renew the Custom Broker licence No. R644/CHA, by considering his application dated 1.7.2015. 2. The case of the Petitioner is that the Petitioner is a Custom House Agent and he was issued with CHA licence under Section 146 of the Customs Act, which is valid upto 2015. Based on the investigation report of DRI, the Respondents alleged that during April 2011 to Separately 2013, Bill of Entries were fil .....

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importers mis-declared the value and retain sale price to evade the custom duty and hence, the Petitioner was suspended from working/performing the customs related activities. The 1st Respondent without issuing any show cause notice as envisaged under Regulation 22 of CHALR, passed an order dated 19.11.2014, suspending the operation of CHA licence in terms of Regulation 19 of CBLR 2013. The suspension was made only on 19.11.2014, which is not within 15 days from the date of receipt of the report .....

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of stay was granted on 24.4.2015, which is still in force. Since the licence was valid upto 3.9.2015, the Petitioner filed an application for renewal. Since no action was taken, this Writ Petition has been filed. 3. The learned counsel for the Petitioner contended that when any action is proposed under Regulation 20(1), then the procedures prescribed under Clauses (1) to (8) of Regulation 22 has to be necessarily followed, which provides for issuance of notice within ninety days from the date o .....

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and therefore, the acts of the Respondents are legal and justifiable and prayed for dismissal of this Writ Petition. 5. This court heard and considered the submissions made by the learned counsel on either side and also perused the materials placed on record. 6. The suspension of CHA licence was made on 19.11.2014, which was not within 15 days from the date of receipt of the report from DRI. On the representation of the Petitioner, the suspension was revoked by order dated 23.12.2014, accepting .....

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