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Shri Sanjeev Kumar Versus CC (General) , New Delhi

2016 (4) TMI 228 - CESTAT NEW DELHI

Validity of order - Non-adherence of time line - Import of Synthetic Diamond Powder - Failure to comply with the obligations under Regulation 13 of CHALR 2004 [Regulations 11 and 17 of CBLR, 2013] - Held that:- Show cause notice issued much after the time limit prescribed under Regulation 20 (1) of CBLR 2013. Also, the Enquiry Officer submitted his report on 07/01/2015, Regulation 20 (5) stipulates that the Enquiry Officer shall prepare a report of the enquiry and submit the same within a period .....

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rs Pvt. Ltd. vs. CC, New Delhi [2016 (2) TMI 139 - CESTAT NEW DELHI], a time period prescribed under the Customs Brokers Licencing Regulation 2013 are to be adhered to and failure to follow the time limit statutorily prescribed will result in setting aside the order arising out of such proceedings. Therefore, the impugned order is liable to set aside on the ground of non-adherence of time line prescribed under the statutory regulations. - Decided in favour of appellant - Customs Appeal No. 52175 .....

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rt of Synthetic Diamond Powder in June 2011 by M/s New Faith Enterprises, New Delhi. Certain mis-declaration was revealed on enquiry. Proceedings were initiated against the appellants which resulted in the impugned order dated 28/3/2015 by the Commissioner of Customs (General), New Delhi. The learned Commissioner revoked the licence of the appellant and ordered forfeiture of the security deposit of ₹ 75,000/- furnished by the appellant. 2. The learned Counsel appearing on behalf of the app .....

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s instead of 1 kg. = 5,000 carats. The second violation alleged was with reference to bill of entry dated 17/1/12 for consignment of memory cards which were actually found to be RAMs. 2. Apart from strongly contesting the impugned order on merits the learned Counsel for appellant contended that the time limit prescribed under Regulation 20 of Customs Broker Licencing Regulations, 2013 have not been followed by the Original Authority and as such the order of revocation is illegal and without juri .....

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