TMI Blog2016 (6) TMI 754X X X X Extracts X X X X X X X X Extracts X X X X ..... nordinate delay is good ground to set aside the order of the revocation. - Decided in favor of CHA. - Customs Appeal No. C/53110/2015 - Final Order No. 51959/2016 - Dated:- 1-6-2016 - Shri D. N. Panda, Member (Judicial) And Shri B. Ravichandran, Member (Technical) For the Appellant : Shri K.K. Anand, Advocate For the Respondent : Shri Rajesh Khanna, DR ORDER Per D. N. Panda Ld. Counsel, Shri K.K. Anand submits that suspension of the CHA licence was made on 31.03.2010. This appellant was before the Tribunal in Appeal No. C/666/2010 against that order on the ground of violation of natural justice and no ground of suspension was known to the appellant. Therefore, Hon ble Tribunal by its Order dated 14.09.2011 set ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ubmits that there was active involvement of the CHA in clearing the containers in connivance with the importer resulting huge revenue loss. Therefore appellant was dealt according to law and there is no prejudice caused to him by the order of revocation of his licence since there were justifiable reasons to pass such order. 7. So far as the limitation is concerned, ld. AR says that various administrative reasons led the proceedings to be little delayed and for the liberty granted by the Tribunal while deciding the appeal against the suspension of the licence as stated above, Revenue proceeded to revoke the CHA licence. 8. Heard both the sides and perused the records. 9. Hon ble High Court of Madras has reminded the Authorities belo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tunately, the proceedings was so delayed and revocation of licence was made by the impugned order dated 14.6.2015. Such inordinate delay is good ground to set aside the order of the revocation following the ratio of the law laid down by the Hon ble Madras High Court in the case of M/s.Saro International Freight Systems 2015-TIOL-2916-HC-MAD-CUS. We order accordingly. 11. This bench has passed an order in the case of Ambika Enterprises Final Order No.51890-51891/2016 on 26.05.2016. While doing so, the judgement of the Hon ble Madras High Court as above was taken into account. In para-9 of the decision in the case of Ambika Enterprises (supra), it is recorded as under which is reproduced below for convenience of reading: 9. The Hon bl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e that the CBLR, 2013 have replaced the CHA Regulations. The CHA regulations did not have any time limit to complete the proceedings. Therefore, by a Circular 09/2010 dated 8.4.2010, the necessary to include a time limit for initiating action was addressed by the Board after filed inspection and by an notification dated 8.4.2010, amendments prescribing time period for initiating action and completing proceedings was made. The same was given effect by notification dated 20.1.2014. Whereas , under CBLR, 2013 having found the necessity to prescribe a period, the Central Board, the statutory authority had included the same in Regulations itself, when they were brought into force. Therefore, when time limit is prescribed in Regulations, which em ..... X X X X Extracts X X X X X X X X Extracts X X X X
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