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TMI Blog2014 (10) TMI 439X X X X Extracts X X X X X X X X Extracts X X X X ..... s issued and the proceedings would be finalised soon. Taking note of all the facts of the above, we deem it fit to set aside the suspension of the CHA licence. - C/55229/2013 - Final Order No. C/A/50200/2014-CU(DB) - Dated:- 9-1-2014 - Ms. Archana Wadhwa, Member (J) and Shri Rakesh Kumar, Member (T) Shri Saurabh Kapoor, Advocate, for the Appellant. Dr. Devender Singh, Jt. CDR, for the Respondent. ORDER [Order per : Archana Wadhwa, Member (J)]. - The present appeal stands filed against the order of Commissioner of Customs vide which he has suspended the CHA license of the appellant in terms of Customs House Agents Licensing Regulations, 2004 (hereafter referred to as CHALR). 2. After hearing both the sides and on goi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... such proceedings. Hence, it has been decided by the Board to prescribe an overall time limit of nine months from the date of receipt of offence report, by prescribing time limits at various stages of issue of show cause notice, submission of inquiry report by the Deputy Commissioner of Customs or Assistant Commissioner of Customs recording his findings on the issue of suspension of CHA licence, and for passing of an order by the Commissioner of Customs. Ld. Advocate submits that the Tribunal by taking note of said instruction of the Board as in a number of cases held that the suspension after the prescribed period is not justified and has set aside the same. In the present case, the alleged offence was committed by the importers in January, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and the time-limit prescribed therein, set aside the suspension. In the case of Vinod Tomar v. CC, New Delhi - 2011 (272) E.L.T. 564 (Tri.-Del.), the Tribunal again took note of the guidelines of the Circular issued by the C.B.E. C. Circular No. 9/2010, dated 8-4-2010 laying down issuance of show cause notice, etc., within a total period of nine months from the date of receipt of report and non-compliance of the same by the Revenue authorities and set aside the suspension. The list is unending and it is not possible to refer to all such precedent decision. Suffice it to say that in such cases, where the period prescribed in terms of the Board Circular has not been complied with the Tribunal has set aside the suspension order. 5. In th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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