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2016 (5) TMI 907 - DELHI HIGH COURT

2016 (5) TMI 907 - DELHI HIGH COURT - 2016 (337) E.L.T. 162 (Del.) - Revokation of CHA licence and forfeiture of security deposit - Licence suspended prior to SCN - No proceedings took place for almost 3 years after replies were filed by the petitioner to the SCN - Failure to adhere to the time limit under Regulation 22(5) of CHALR - Held that:- the case is identical to that of M/s S.K. Logistics Versus CC (General) New Delhi [2015 (11) TMI 1155 - CESTAT NEW DELHI]. The only explanation offered .....

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Order-in-Original passed in the case of the Petitioner. Any action taken consequent to the impugned order and the Inquiry Report that led to its passing shall also stand quashed. The Petitioner's CHA licence is stated to have expired in the meanwhile and not renewed. The Respondent will process the Petitioner‟s application for renewal of its licence in accordance with law without any unnecessary delay. - Decided in favour of petitioner - W.P.(C) 3071/2015 - Dated:- 29-4-2016 - JUSTICE S. .....

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ober, 2011 issued by the Commissioner of Customs (Import and General) proposing to revoke the CHA licence issued to the Petitioner and also forfeit the deposit. 2. The challenge in this petition is also to final inquiry report dated 19th January, 2015 and the consequential adjudication order dated 10th April, 2015 passed by the Commissioner of Customs (General) revoking the Petitioner‟s CHA licence, forfeiting the security deposit of ₹ 75,000/- and ordering enforcement of the deposit .....

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a representation on 19th November, 2014 to the Commissioner of Customs drawing attention to Regulation 22 of the Customs House Agents Licensing Regulations, 2004 ( CHALR‟) and in particular to Regulation 22(5) which requires the inquiry report be submitted by the Deputy Commissioner or the Assistant Commissioner within 90 days from the date of issue of notice. It was pointed out that the Petitioner‟s licence has been suspended prior to the issuance of the SCN, that he had suffered he .....

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r, 2014. 5. The above facts were brought to the attention of the Commissioner of Customs by the counsel for the Petitioner by letter dated 23rd December 2014. It was, inter alia, pointed out that the officer who had issued the letter dated 9th December, 2014, i.e., Mr O. P. Yadav, Assistant Commissioner had himself been reappointed as the Inquiry Officer in the matter and this was in replacement of the earlier Inquiry Officer. The said reappointment took place more than 3 years after the initiat .....

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onclusion in the Inquiry Report was that the CHAs, including the Petitioner, had violated Regulations 13(a), 13(d), 13(e) and 13(o) of CHALR, 2004 and, therefore, were liable for suitable action. 7. The Petitioner informed the Commissioner of Customs, through his counsel by letter dated 23rd February 2015, of his intention to approach this Court against the above action. Thereafter, the present petition was filed in which notice was issued to the Respondent on 25th March, 2015. 8. During the pen .....

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ered to. 9. The Petitioner maintained an application being CM No.9361/2016 seeking permission to amend the present writ petition on the ground that he had not been served with the copy of the said Order-in-Original dated 10th April, 2015 and, therefore, sought to challenge the said order as well. The Petitioner on 15th January, 2016 wrote to the Commissioner of Customs seeking copy of the said order. 10. The above application for amendment was allowed by this Court by an order dated 8th April, 2 .....

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voking the CHA licence of M/s. S. K. Logistics. 12. The Court in the said order upheld the order dated 30th September, 2015 of the CESTAT which held that the Order-in-Original dated 10th April, 2015 was unsustainable in law since the time limit stipulated in the Regulation 22(5) of the CHALR was not complied with. The Court negatived the plea of the learned counsel for the Department that in its order in Customs Appeal No. 51775/2015 [M/s Overseas Air Cargo Services v. Commissioner of Customs (G .....

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ring to the time limit of ninety days stipulated in Regulation 22 (5) of the CHALR. All that is stated in the memorandum of appeal is that the file could not be traced and therefore there was delay in the SCN being issued under Regulation 22 (1) of the CHALR. The issue here is not so much about in the issuing of the SCN. It is about the unexplained delay of over three years in submitting the enquiry report. For the said delay the only explanation is that the first inquiry officer retired without .....

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