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TMI Blog2017 (2) TMI 351X X X X Extracts X X X X X X X X Extracts X X X X ..... of the operation of the order-in-original. 2. The application for stay of the order-in-original is disposed of as we intend to take up the appeal itself for disposal after allowing the miscellaneous application for out of turn hearing of the appeal. 3. The relevant facts that arise for consideration in this case is that the appellant herein is a Custom Broker having licence No.11/171 (PAN-AALCS 2057F) issued by Mumbai Customs as per the Custom House Agents Licensing Regulations or CBLR. The DRI was investigating a particular case of smuggling of red sanders and it revealed that one of the persons investigated, is director of this appellant custom broker firm. Accordingly, after investigation, DRI sent an Offence Report to the Commissione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nal Freight Systems vs. CC, Chennai-VIII 2016 (334) ELT 289 (Mad.); ii) Indair Carrier Pvt. Ltd. vs. CC(G) 2016 (337) ELT 41 (Del.); iii) CC, Chennai vs. CESTAT 2015 (325) ELT A48 (SC); iv) Maa Krupa Forwarders Pvt. Ltd. vs. CC(G) order No. A/93232/16/CB dated 18.10.2016. 5. Learned departmental representative, on the other hand, draws our attention to Customs Brokers Licensing Regulations, 2013. He would submit that the adjudicating authority has followed the procedure of suspending the licence and subsequently confirming the suspension by post decisional hearing. It is his submission that the time period which has been mentioned in the CBLR for conclusion of the proceedings is only directory in nature and cannot be held against the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... over 270 days from the date of confirmation of the suspension of licence. We find strong force in the contentions raised that since there is no issue of notice for revocation of the licence which should have been issued within 90 days of the receipt of the Offence Report, the further actions as regarding the enquiry and submission of enquiry report and the order of revocation within 90 days of each issue seems to be impossibility in the case in hand. 7. Although we are of the view that the lower authorities may not be able to complete the proceedings within the stipulated period of 270 days, we hold that the impugned order is unsustainable only on the ground that the lower authorities have not issued any show cause notice till date from t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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