9911796707
TMI Blog2017 (2) TMI 351X X X X Extracts X X X X X X X X Extracts X X X X ..... ated period of 270 days, the impugned order is unsustainable only on the ground that the lower authorities have not issued any SCN till date from the date of confirmation of suspension of licence. Appeal allowed - decided in favor of appellant. - Application Nos. C/EH/93464/16-Mum C/MA(Ors)/93468/16-Mum APPEAL No. C/86848/16-Mum - M/85307-85308/17/CB, A/85309/17/CB - Dated:- 11-1-2017 - Mr. M.V. Ravindran, Member (Judicial) And Mr. C.J. Mathew, Member (Technical) Shri Anil Balani, Advocate, with Ms. Pooja Reddy, Advocate, for appellant Shri M.K. Mall, Assistant Commissioner (AR), for respondent ORDER Per M. V. Ravindran This appeal is directed against order-in-original No. 13/2016-17 dated 10.6.2016 and the mi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... confirmation of the suspension of licence, the Commissioner of Customs (General) is required to issue notice within 90 days of the receipt of the Offence Report, enquiry officer s report is to be required to be submitted within 90 days from the issuance of the notice and the order of revocation has to be done within 90 days from the receipt of the enquiry report. It is his submission that the delay has occurred right from the first stage i.e. granting of opportunity of personal hearing onwards. Hence there being delay as explained hereinabove, the respondent will not be in a position to complete the enquiry proceedings within the stipulated period of 270 days, hence the suspension of the licence be set aside and the licence be reinstated. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been accepted in the trade. He would submit that since this is only a suspension of the licence, the appeal be dismissed. 6. On careful consideration of the submissions made by both sides, we find that the impugned order dated 14.7.2016 has confirmed the suspension of the licence of the appellant pending the enquiry proceedings under Regulation 20 of CBLR, 2013. We find from the records that the dates given by the learned counsel as to the time taken for confirmation of suspension of licence is correct. It is also seen from the records that the notices for revocation of the licence or appointing the enquiry officer for enquiry into the violation of the regulations, is not yet undertaken. In the absence of any such activity on the part o ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
