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CC (Import & General) , New Delhi Versus Geo Cargo Express And Vice-Versa

2016 (8) TMI 140 - CESTAT NEW DELHI

Revocation of license - forfeiture of ₹ 20,000/- from the security deposit furnished by M/s.Geo Cargo Express - Held that:- it is clear that time limits prescribed under Regulation 22 of CHALR, 2004 have been violated. Regulation 22 (1) stipulates that, the Commissioner of Customs shall issue a notice in writing to the Customs House Agent within 90 days from the date of receipt of offence report - Decided in favor of CHA and against the revenue. - Customs Stay Application No.51972/2015, C/ .....

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rder, ld. Commissioner ordered forfeiture of ₹ 20,000/- from the security deposit furnished by M/s.Geo Cargo Express. The Revenue is in appeal with the prayer that the Commissioner should have revoked the licence issued to the party. On the other hand, M/s. Geo Cargo Express in their appeal prayed for setting aside the impugned order. 2. We have heard both the sides and examined the appeal records. 3. The brief facts of the case are that M/s.Geo Cargo Express were licensed to operate as Cu .....

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30.08.2013. Separate proceedings were also initiated against Geo Cargo Express by issue of show cause notice dated 18.11.2013 proposing revocation of their CHA licence and also forfeiture of security deposit made by them. The said proceedings concluded by the impugned order, wherein the ld. Commissioner, who is licensing authority, held that violation by CHA cannot be considered to be so grave as to warrant revocation of their license. However, he held them liable to forfeit ₹ 20,000/- fro .....

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bed under Customs House Agent Licensing Regulations, 2004/Customs Broker Licensing Regulations, 2013. From the appeal records as well as the date chart submitted by M/s. Geo Cargo Express, it is clear that the various proceedings/actions initiated by the Licensing Authority were in violation of the time limits prescribed under the above mentioned regulations. 5. The Commissioner of Customs (General), New Customs House , Mumbai prohibited the CHA from transaction of business in Mumbai Customs zon .....

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that time limits prescribed under Regulation 22 of CHALR, 2004 have been violated. Regulation 22 (1) stipulates that, the Commissioner of Customs shall issue a notice in writing to the Customs House Agent within 90 days from the date of receipt of offence report . Here, the offence report can be considered as the report given by the Commissioner of Customs, Mumbai on 1.8.2012. The show cause notice in the present case has been issued on 18.11.2013 i.e. after more than a year and three months. F .....

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