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TMI Blog2016 (5) TMI 1060X X X X Extracts X X X X X X X X Extracts X X X X ..... e High court of Madras in a recent order in Saro International Pvt. System Vs. C.C. [2015 (12) TMI 1432 - MADRAS HIGH COURT] after detailed examination of various decided cases held that the time limit prescribed in CBLR 2013 are to be strictly followed by the authorities taking action under the said Regulation. It is also found that there is a substantial delay of more than a year in completion of the enquiry and also in issue of the present impugned order. Therefore, the delay which is beyond the prescribed limits of CHALR / CBLR will make the impugned order legally unsustainable. The various decisions including the ones cited above are clear about legal position. - Decided in favour of appellant - Application No. C/Stay/50849/2015 In Ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to provisions of Custom House Agent Licensing Regulation, 2004 were initiated by issue of show cause notice dated 22.07.2013. The show cause notices also appointed an enquiry officer to conduct enquiry in terms of Regulation 22 and submit his report. An enquiry report was submitted on 23.12.2014. The enquiry officer found the appellant to have violated various provisions of CHALR, 2004. Thereafter on considering the appellant representation the impugned order revoking the license of the appellant was issued on 17.03.2015. The appellant has filed an application for stay of operation of the said order along with regular appeal. When the stay application was listed on 11.01.2016 it was directed to be listed along with the appeal, as allowing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... co-noticee. 5. The Ld. Counsel also argued on merit. He submitted that the penalty imposed under Customs Act, 1962 against the appellant was set aside by Commissioner (A) vide his order dated 20.05.2014. The reasons analysed in the said appellate order was applicable to the proceedings under CHALR 2004 also. 6. The ld. AR contested the submission of the appellant. He submitted that imported goods were not as per the declaration on quantity, description and value. The role of CHA has been brought out by the investigation conducted by the officers. Enquiry report was delayed because of change of officers. 7. We have heard both the sides and examined appeal records. We find that the present appeal will be effective on the preliminary ..... X X X X Extracts X X X X X X X X Extracts X X X X
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