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2016 (9) TMI 123 - CESTAT NEW DELHI

2016 (9) TMI 123 - CESTAT NEW DELHI - TMI - Restoration of CHA license - revocation in terms of the Regulation 22(7) of the Customs House Agent Licensing Regulations 2004 forfeiture of security amount - SCN under Regulation 22(1) ibid inquiry report to be submitted within 90 days of the SCN - CHA Regulation No. 22(5) Held that: - Madras High Court in the case of A M Ahmad [2014 (9) TMI 237 - MADRAS HIGH COURT] in effect has clearly held that breach of the time limit prescribed in Regulatio .....

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r set aside appeal disposed off decided in favor of appellant. - Customs Appeal No. C/52189/2015-[DB] - Final Order No. 52107 /2016 - Dated:- 8-6-2016 - Mr. S. K. Mohanty, Member (Judicial) And Mr. R. K. Singh, Member (Technical) Mr. Piyush Kumar for the Appellant Mr. K. Poddar (DR) for the Respondent ORDER Per R. K. Singh Appeal has been filed against Commissioner of Customs New Delhi's order dated 28.03.2015 in terms of which CHA license of the appellant was revoked in terms of the .....

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case was received in May 2011 but the SCN was issued on 20.03.2012 which was a clear violation of the timeline of 90 days prescribed in Regulation 22(1) of CHALR. The inquiry report was submitted by the IO on 7.1.2015 almost 2 years 9 months after the issuance of SCN which was in gross violation of time-line of 90 days prescribed in Regulation 22(5) ibid. He cited Madras High Court judgment in the case of AM Ahmad Co. vs CC Chennai 2014 (309) ELT 433 (Mad.) to contend that breach of time lines p .....

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fatal to the order . 4. We have considered the contentions of both sides. 5. At the very outset it is clear that the SCN in this case under Regulation 22(1) ibid was issued on 20.03.2012 but the inquiry report was submitted on 7.1.2015. CHA Regulation No. 22(5) states under: 5 At the conclusion of the inquiry, the Deputy Commissioner of Customs or Assistant Commissioner of Customs shall prepare a report of the inquiry recording his findings thereon submit the report within a period of 90 days f .....

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h of the time limit prescribed in Regulation 22 is fatal to the order and set aside the order on that ground. As regards the judgment of Hon ble Delhi High Court in the case of Burliegh International (supra) cited by Ld. DR, we have perused the same and find that in that judgment the issue was whether the order issued by Commissioner more than 15 days after the date of hearing under Regulation 19(2) of the CBLR would be sustainable. The Delhi High Court held that such order would be sustainable. .....

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