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2017 (5) TMI 933 - CESTAT NEW DELHI

2017 (5) TMI 933 - CESTAT NEW DELHI - TMI - Forfeiture of CHA Licence - violation of time limit - non-imposition of revocation on M/s. Entire Logistics - Since the Customs offence was the same, Revenue has argued that M/s. Entire Logistics should also be penalized with forfeiture of CHA Licence - Held that: - four CHAs were involved in commission of customs offence. Disciplinary proceedings were taken up by the ld. Commissioner against all the four CHAs. Even though there is a common enquiry rep .....

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other CHAs. - There has been significant delay beyond the permissible limits between the dates of receipt of offence report and date of issue of show cause notice. Likewise, there has been inordinate delay in preparation and submission of enquiry report. From the records, it is seen that delay is on account of change of enquiry officer more than once and thereby, the time limit prescribed under CHA Regulations have been badly violated - the order of the lower authority forfeiting the securit .....

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No. OIO-53-NK-POLICY-2015 dated 10.04.2015 passed by Commissioner of Customs, New Delhi in which the adjudicating authority, in the proceedings initiated under CHALR, 2004, ordered for forfeiting the amount of security deposit of ₹ 50,000/- pertaining to CHA. The Revenue has also challenged the findings in the impugned order and argued that ld. Commissioner has revoked Customs Broker Licence of three other CHAs but has not revoked the licence of M/s. Entire Logistics Pvt. Limited. He has .....

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ed to observe the time schedule strictly, as prescribed under the CHALR and hence, the impugned order is liable to be set-aside in respect of M/s. Entire Logistics. He also submitted a written brief along with date chart showing the violation of time-limits. He also relied upon several case laws in his support. 4. Shri Govind Dixit, ld. DR submitted that along with M/s. Entire Logistics, there were three other CHAs involved in committing the customs offence. The enquiry was against all the four .....

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roceedings were taken up by the ld. Commissioner against all the four CHAs. Even though there is a common enquiry report against all the four CHAs, however, the alleged contraventions which are the basis for disciplinary action against each CHA, are distinct and separate. These charges have been confirmed against each CHA keeping in view the role played by them in commission of the alleged customs offence. Further, since the CHA licence for each CHA is distinct and separate, we do not see any in .....

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