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TMI Blog2017 (1) TMI 338X X X X Extracts X X X X X X X X Extracts X X X X ..... eals that the initial Show Cause Notice under Regulation 20 has been issued only on 12.05.2014 even though the licence was suspended on 26.03.2013. Hon'ble Madras High Court has emphasised the observance of time limits strictly under the CHALR, 2004/CBLR, 2013 in the case of Saro International Freight System Vs. CC, Chennai [2015 (12) TMI 1432 - MADRAS HIGH COURT] - the time limits prescribed are to be mandatorily followed. The order of the lower authority which was issued without adhering to the time schedule is liable to be set aside on these grounds - appeal allowed - decided in favor of appellant. - Appeal No. C/53272/2015-Cus [DB] - Final Order No. 55959/2016 - Dated:- 17-11-2016 - Ms. Archana Wadwa, Member (Judicial) And Mr. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sion of a custom broker and the procedure which needs to be followed in this regard is spelt out clearly under Regulation 20. Time schedule strictly prescribed under CBLR are as follows:- 22. Procedure for suspending or revoking licence under Regulation 20- (1) The Commissioner of Customs shall issue a notice in writing to the Customs House Agent within ninety days from the date of receipt of offence report, stating the grounds on which it is proposed to suspend or revoke the licence and requiring the said Customs House Agent to submit within thirty days to the Deputy Commissioner of Customs or Assistant Commissioner of Customs nominated by him, a written statement of defence and also to specify in the said statement whether the C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oing. (5) At the conclusion of the inquiry, the Deputy Commissioner of Customs or Assistant Commissioner of Customs shall prepare a report of the inquiry recording his findings and submit his report within ninety days from the date of issue of a notice under sub-regulation (1). (6) The Commissioner of Customs shall furnish to the Customs House Agent a copy of the report of the Deputy Commissioner of Customs or Assistant Commissioner of Customs, and shall require the Customs House Agent to submit, within the specified period not being less than thirty days, any representation that he may wish to make against the findings of the Deputy Commissioner of Customs or Assistant Commissioner of Customs. (7) The Commissioner of Customs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n from the records that Commissioner of Customs, (Genl) Delhi received the order issued dated 08.03.2013 by Commissioner of Customs, ICD and suspension of CHA licence on 26.3.2013. The date of receipt of Offence Report is not available in the record. Regulation 20(1) contemplates issue of Show Cause Notice to the customs broker by the Commissioner within a period of 90 days from the date of receipt of Offence Report. The issue of Show Cause Notice is to be followed within a period of 90 days by submission of Inquiry Report by Asst. Commissioner/Dy. Commissioner and ultimate passing of the order by the Commissioner within a period of 90 days from the date of submission of Inquiry report. 6. A perusal of the records of the present case rev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nai [2016 (334) ELT 289 (Mad.)]. The Hon'ble High Court in para 28 of the above judgement has held as under:- 28. It is pertinent to mention here that the CBLR, 2013 have replaced the CHA Regulations. The CHA regulations did not have any time limit to complete the proceedings. Therefore, by a Circular 09/2010 dated 8.4.2010, the necessary to include a time limit for initiating action was addressed by the Board after filed inspection and by an notification dated 8.4.2010, amendments prescribing time period for initiating action and completing proceedings was made. The same was given effect by notification dated 20.1.2014. Whereas, under CBLR, 2013 having found the necessity to prescribe a period, the Central Board, the statutory aut ..... X X X X Extracts X X X X X X X X Extracts X X X X
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