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TMI Blog2016 (11) TMI 816X X X X Extracts X X X X X X X X Extracts X X X X ..... ice which was prohibited under SI. No. 45A of Schedule 2 of ITC (HS) classification of Export and Import items read with para 2.1 of the Foreign Trade Policy through the appellant. On the basis of that investigation, an enquiry report was submitted, therefore, the CHA Licence was suspended on 07.07.2010, thereafter, post suspension hearing was given to the appellant on 27.07.2010 by the Commissioner of Customs and after considering the submissions of the appellant, the suspension was confirmed vide order dated 13.08.2010. In the meantime, the show cause notice was issued to the appellant on 12.08.2010 under Regulation 22 of the CHALR 2004. 3. The Deputy Commissioner conducted the enquiry and submitted his report dated 26.06.2012 and no cas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rther submits that the Ld. Commissioner of Customs also did not follow the time limit prescribed, as he was required to pass the order within 90 days of the receipt of enquiry report but he passed the impugned order only on 19.11.2012 which is beyond the 90 days. He further submits that the Ld. Commissioner initiated second enquiry on 04.07.2012 which is not permissible under Regulation 22(7) of the CHALRs 2004. In fact, if the Ld. Commissioner of Customs was not agreed with the enquiry with the report, he should have to notice to the appellant and to pass the order on merits. Instead of, doing so, he appointed another enquiry officer who submitted the report on 10.08.2012, therefore, the impugned order is to be set aside in the light of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ffered by the appellant is sufficient or not? 8. The issue of time limit came up before the Hon'ble High Court of Delhi in the case of S.K. Logistics (Supra) wherein the Hon'ble High Court has observed as under: 9. No explanation has been offered 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 SNC. 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 submitting the report. This by no means justi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rtions of the Regulations. Regulation 20 (2), for instance, entitles the Commissioner, to suspend the licence of an agent, in appropriate cases where immediate action is necessary. Regulation 22(3) prescribes a time limit of 15 days. Regulation 22(1) prescribes a time limit within which actions is to be initiated. It also prescribes the time limit under Regulation also concluded within a time frame, I am of the view that the show cause notice issued to the petitioner on 08.05.2010 with a copy marked to the first respondent should be taken as the date of receipt of the offence report. Consequently, the period of 90 days should commence only from that date. If so report calculated, the impugned proceedings have obviously been initiated beyond ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the presumption was that the report referred to sub-section (5) would be implicating the CHA. On this presumption, the next rule and regulation are prescribed. Where the inquiry report is not to the satisfaction of the Commissioner, Regulation 23 makes no provision for dismissal thereof. In fact, the wording of sub-regulation (6) is that it is mandatory for the commissioner to furnish the inquiry officer's report to the CHA, irrespective of whether the enquiry findings are against the CHA or are in his favour. The authority of the Commissioner in sub-regulations (7) comes into play only after the copy of the enquiry report is furnished to the CHA and his arguments thereupon are on record. The explanation of the succeeding Commissione ..... X X X X Extracts X X X X X X X X Extracts X X X X
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