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2016 (4) TMI 1020 - CESTAT NEW DELHI

2016 (4) TMI 1020 - CESTAT NEW DELHI - TMI - Cancellation of CHA licence - Export of Inorganic Chemical through Pipavav Port - On examination, goods found to be Muriate of Potash (MOP) instead of Cobalt Sulphate as declared in the shipping bills.

Held that:- the various statutory time limits prescribed have not been followed in the proceedings, which resulted in the cancellation of the licence. We find that the licensing authority was informed of the offence vide order received on 31. .....

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he appellant on 3.7.2013 -beyond the period of 90 days of submission of inquiry report. We find that the Tribunal as well as Hon’ble High Courts held that the time limit prescribed under the CHALR/CBLR are to be strictly adhered to. Delay in proceedings, in any stage, will have a bearing on the legality of the proceedings.

In Sanco Trans Ltd. [2015 (7) TMI 455 - MADRAS HIGH COURT], the Hon'ble Madras High Court held that the show cause notice should be issued within the period stipul .....

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sustained, accordingly, set aside. - Decided in favour of appellant - Customs Appeal NO.59936/2013-CU(DB) & Misc. Application No.51789/2015 - Final Order No. 51295/2016 - Dated:- 13-4-2016 - SMT. ARCHANA WADHWA, MEMBER (JUDICIAL) AND SHRI B. RAVICHANDRAN, MEMBER (TECHNICAL) For the Petitioner : Shri Prabhat Kumar, Advocate For the Respondent : Shri K. Poddar, DR ORDER PER B. RAVICHANDRAN: The present appeal is against order dated 27.06.2013 passed by the Commissioner of Customs (Preventive), Jai .....

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lphate as declared in the shipping bills. Proceedings were initiated against the appellant for violation of the provisions of the Customs House Agent Licensing Regulation , 2004. The licence was suspended on 17.06.2011, the suspension was confirmed on 26.07.2011. On appeal filed by the appellant, the Tribunal vide Final Order dated 9.8.2012 directed the Original Authority to adjudicate the case after issue of show cause notice. A show cause notice was issued on 11.10.2012. Inquiry report was sub .....

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l on the employees involved in business transactions 2. Ld. Counsel though contended that the cancellation of appellant s licence is not sustainable on merits, raised a major preliminary objection against the legality of the impugned order on the ground that the proceedings are in violation of the time limits prescribed under CHALR 2004/CBLR, 2013. He pleaded that on non-adherence of time schedule as prescribed in the Regulation, the proceedings resulting in the impugned order are without legal .....

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