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TMI Blog2015 (7) TMI 1045X X X X Extracts X X X X X X X X Extracts X X X X ..... er all time limit of 9 months to complete the proceedings against the CHA right from the initiation of the proceedings to its final disposal. None of the time limit has been adhered by custom authority in this case. In these circumstances it will be in the interest of equity and justice to set aside the suspension and allow the appellant to function as a CHA pending completion of inquiry by the cu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0 of CBLR, 2013. 2. Shri. Prasad Paranjape, Ld. Counsel for the appellant submits that DRI issued preliminary offence report on 13/6/2013 which was followed by detailed report vide letter F. NO. DRI/MZU/F/ 16/2012-13 dated 12/12/2013 thereafter the respondent suspended licence on 19/12/2013 subsequently by the impugned order suspension was ordered to be continued on 13/1/2014. It is his submiss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of the inquiry and taking decision by the licencing authority. Since not only 9 months, even more than 18 months have been passed and no inquiry was conducted. For the failure on the part of the licencing authority suspension of licence should not be continued. In support, he placed reliance on following judgments:. (a) Bombay Shipping Agency Vs. CC(General), Mumbai[2014 (299) ELT 352(Tri- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r completion of enquiry proceedings. He placed reliance on the judgment of Hon ble Bombay High Court in the case of M. Dharamdas Co. Vs. Commissioner of Customs (General)[2015(316) ELT 600(Bom.)] 4. We have carefully considered the submissions made by both sides. 5. The appellant s licence has been suspended since 19/12/2013 and the same continued to remain under suspension by the impugned ..... X X X X Extracts X X X X X X X X Extracts X X X X
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