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TMI Blog2011 (3) TMI 824X X X X Extracts X X X X X X X X Extracts X X X X ..... ified that the Commissioner of Customs at a customs station who had authorised a CHA to operate on ‘C’ form intimation, should inform the details of violations to the Commissioner of Customs at the customs station from where the CHA licence was issued for such CHA, so that necessary action for suspension or revocation of CHA licence, could be initiated by him - Held that: there has been considerable delay in issue of the suspension order when adjudged against the time frames prescribed by the Board - stay on suspension order has the same effect as revocation of suspension - Appeal is disposed of - C/A/36/2011 - . C/101/2011(PB) - Dated:- 4-3-2011 - S/Shri Ashok Jindal, Mathew John, JJ. REPRESENTED BY : Shri Pradeep Jain, Advocate, f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the order is that M/s. Gorala Arya Impex Pvt. Ltd. Delhi attempted to export non-basmati rice, (a prohibited item for export) as basmati rice (not prohibited for export from Mundra Port). Tine Appellant had acted as CHA for the impugned export consignments and filed the relevant Shipping Bills. 6. The impugned Shipping Bills were filed on 2nd and 3rd of June 2010. The shipping Bills were filed declaring the goods to be Basmati Rice but on testing of samples the goods were found to be Non-Basmati rice which is prohibited for export. The DRI alleged involvement of the CHA in the matter and sent a report in the matter to Commissioner of Customs Kandla who in turn forwarded the report to Commissioner of Customs Delhi, competent to take acti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iolated any provision of the CHALR, 2004 at any customs station, it is clarified that the suspension action against CHA s operations may be taken by the Commissioner of Customs at the station who issued the CHA license and such action would either be limited to a particular customs station where a violation has been noticed or action against the CHA in general, applicable at all customs stations where the CHA operates, depending upon the gravity and seriousness of the violation. Where the CHA licence is suspended, all G and H cards issued in respect of that licence would become non- operational. 5.2. Further, it is also clarified that the Commissioner of Customs at a customs station who had authorised a CHA to operate on C form inti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the present time limit of forty five days for reply by CHA to the notice of suspension, sixty days time for representation against the report of AC/DC on the grounds not accepted by CHA, by reducing the time to thirty days in both the cases under the Regulations. 7.2. In cases where immediate suspension action against a CHA is required to be taken by a Commissioner of Customs under regulation 20(2), there is no need for following the procedure prescribed under Regulation 22 since such an action is taken immediately and only in justified cases depending upon the seriousness or gravity of offence. However, it has been decided by the Board that a post-decisional hearing should be given in all such cases so that errors apparent, if any, c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Appellant that the investigating authority send a report only after three months of the event and this shows that they did not find any reason to immediately suspend the licence as envisaged in Regulation 20(2) of CHLAR. It is further argued that even after preparation of the report they did not send the report to the Authority competent to suspend the license but to Commissioner of Customs Kandla. Finally suspension order was issued 52 days from the date of the report in violation of the norms prescribed by the Board. The appellants rely on the decision of this Tribunal in Om Freight Forwarders Pvt. Ltd. v. CC, General (Mumbai), 2011-TIOL 73-CESTAT-MUM and argue that they should also be provided similar relief. They also submit that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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