TMI Blog2018 (4) TMI 6X X X X Extracts X X X X X X X X Extracts X X X X ..... stoms Brokers Licensing Regulations, stipulates that after issuance of SCN, an Inquiry Authority has to be appointed to look into the allegation, who is required to submit inquiry report within 90 days of this appointment as per Regulations 20 (5) - In the present case, it is seen from the records that the Inquiry Officer has submitted his report on 23.05.2016, after a delay of 360 days. The time ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... A.R.) for the Department ORDER Per V. Padmanabhan The present appeal is filed against the impugned Order-in-Original No.Kol/Cus/Airport/Admn/08/2017 dt.08.05.2007 passed by Commr. of Customs (Airport Admn.), Kolkata. 2. Brief facts of the case are that the appellant is a Customs Broker licensed by the Calcutta Customs House. The Special Investigation Branch (SIB), Kolkata, invest ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has filed the present appeal. 3. With these backgrounds, we have heard Shri P.D.Dey, ld.Consultant for the appellant and Shri S.N.Mitra, ld.D.R. for the Department. 4. It is the submission of the ld.Counsel for the appellant that the time limit prescribed under Customs Broker Licensing Regulation, were not followed in the disciplinary proceedings by the Department. In his support, he relies ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the failure in observance of the time limit. Regulation -20 of the Customs Brokers Licensing Regulations, stipulates that after issuance of show-cause notice, an Inquiry Authority has to be appointed to look into the allegation, who is required to submit inquiry report within 90 days of this appointment as per Regulations 20 (5). In the present case, it is seen from the records that the Inquiry ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pleting proceedings was made. The same was given effect by notification dated 20.01.2014. 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 empowers action under Regulation 18 by following ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
