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M/s Zen Cargo Movers Pvt. Ltd. Versus CC, New Delhi

2016 (2) TMI 139 - CESTAT NEW DELHI

Revocation of CHA license - forfeiture of the whole amount of security deposit - appellant pleaded that he is not arguing the issue on merit but only the issue of non-observance of the time lines prescribed in the CHA Licensing Regulations, 2004 adding that the show cause notice in this case was issued on 17.7.2013 while the enquiry report was submitted on 26.6.2015 which was beyond the time period prescribed in Regulation 22 of the said Regulations, and that such violation of the prescribed tim .....

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ccordingly quashed. Appeal is allowed. - Decided in favor of appellant. - C/Stay/52140/2015 & C/53380/2015-CU(DB) - Final Order No. 53909/2015 - Dated:- 23-12-2015 - MR. G. RAGHURAM, PRESIDENT AND MR. R.K. SINGH, MEMBER (TECHNICAL) For the Petitioner : Shri B.K. Singh, Advocate And Shri Garvit Chauhan, Advocate For the Respondent : Shri Ranjan Khanna, D.R. ORDER PER R.K. SINGH: Appeal is filed against order-in-original dated 20.8.2015 in terms of which the CHA licence of the appellant was revoke .....

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rescribed time limit makes the impugned order unsustainable. 3. The ld. DR, on the other hand stated the said time lines are essentially directory in nature and therefore violation thereof would not be fatal to the impugned order. 4. We have considered the contentions of both sides. The issue involves is violation of the time lines prescribed in Regulation 22 of the Regulations of 2004. The regulation is reproduced below: 22. Procedure for suspending or revoking licence under Regulation 20.- (1) .....

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sires to be heard in person by the said Deputy Commissioner of Customs or Assistant Commissioner of Customs. Provided that the procedure prescribed in regulation 22 shall not apply in respect of the provisions contained in sub-regulation (2) to regulation 20. (2) The Commissioner of Customs may, on receipt of the written statement from the Customs House Agent, or where no such statement has been received within the time-limit specified in the notice referred to in sub-regulation (1), direct the .....

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against the Customs House Agent, for the purpose of ascertaining the correct position. (4) The Customs House Agent shall be entitled to cross-examine the persons examined in support of the grounds forming the basis of the proceedings, and where the Deputy Commissioner of Customs or Assistant Commissioner of Customs declines to examine any person on the grounds that his evidence is not relevant or material, he shall record his reasons in writing for so doing. (5) At the conclusion of the inquiry .....

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ss than thirty days, any representation that he may wish to make against the findings of the Deputy Commissioner of Customs or Assistant Commissioner of Customs. (7) The Commissioner of Customs shall, after considering the report of the inquiry and the representation thereon, if any, made by the Customs House Agent, pass such orders as he deems fit within ninety days from the date of submission of the report by the Deputy Commissioner of Customs or Assistant Commissioner of Customs, under sub-re .....

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