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TMI Blog2016 (5) TMI 1060X X X X Extracts X X X X X X X X Extracts X X X X ..... the Respondent : Shri Suchitra Sharma, DR ORDER PER B. RAVICHANDRAN: The present appeal is against order dated 17.03.2015 passed by Commissioner (A) of customs (Import And General) New Delhi revoking the license of the appellant and ordering forfeiture of security deposit of Rs. 75,000/-. 2. The appellant is a custom house agent. In respect of one of the bills of entry dated 12.10.2011 filed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oceedings against the appellant with reference to provisions of Custom House Agent Licensing Regulation, 2004 were initiated by issue of show cause notice dated 22.07.2013. The show cause notices also appointed an enquiry officer to conduct enquiry in terms of Regulation 22 and submit his report. An enquiry report was submitted on 23.12.2014. The enquiry officer found the appellant to have violate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e case the enquiry officer did not give any finding regarding the examination of witnesses. The appellant were not given a chance to cross examine the persons who gave statement before the customs authorities. The replies furnished to the first enquiry officer was never taken on record and examined by the second enquiry officer. The show cause notice was issued on 22.07.2013, whereas the enquiry r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act, 1962 against the appellant was set aside by Commissioner (A) vide his order dated 20.05.2014. The reasons analysed in the said appellate order was applicable to the proceedings under CHALR 2004 also. 6. The ld. AR contested the submission of the appellant. He submitted that imported goods were not as per the declaration on quantity, description and value. The role of CHA has been brought ou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es held that the time limit prescribed in CBLR 2013 are to be strictly followed by the authorities taking action under the said Regulation. We find that there is a substantial delay of more than a year in completion of the enquiry and also in issue of the present impugned order. The delay which is beyond the prescribed limits of CHALR / CBLR will make the impugned order legally unsustainable. The ..... X X X X Extracts X X X X X X X X Extracts X X X X
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