9911796707
TMI Blog2017 (2) TMI 357X X X X Extracts X X X X X X X X Extracts X X X X ..... y report and the order of revocation within 90 days of each issue seems to be impossibility - the lower authorities may not be able to complete the proceedings within the stipulated period of 270 days, the impugned order is unsustainable only on the ground that the lower authorities have not issued any show cause notice till date from the date of confirmation of suspension of licence - licence restored - appeal allowed - decided in favor of appellant. - C/87277/16-Mum - A/85306/17/CB - Dated:- 11-1-2017 - Mr. M.V. Ravindran, Member (Judicial) And Mr. C.J. Mathew, Member (Technical) Shri D.H. Nadkarni, Advocate, for appellant Shri M.K. Mall, Assistant Commissioner (AR), for respondent Per: M.V. Ravindran This appeal is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt. 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. In support of the above submission, he relies upon the following decisions :- i) Sanco Trans Ltd. - 2015 (322) ELT 170 (Mad.); ii) Rudolph Thomas Lobo Co. Pvt. Ltd. - 2016 (331) ELT 636 (T); iii) Nimaya Logistics - Order No. A/89976/16/CB dated 1.9.2016; iv) Sai Dutta Clearing Agency Pvt. Ltd. - 2015 (317) ELT 162 (T); v) CC, Chennai v ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 20.1.2016 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 of the lower authorities, we agree with learned counsel that the enquiry proceedings against the appellant may not be over 270 days from the date of confirmation of the suspension of licence. We find strong force in the conte ..... X X X X Extracts X X X X X X X X Extracts X X X X
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