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TMI Blog2017 (2) TMI 357X X X X Extracts X X X X X X X X Extracts X X X X ..... n This appeal is directed against order-in-original No. GOA-CUS/COMMR-001/2016 dated 21.7.2016 (Order No.01/2016 dated 20.1.2016). 2. The relevant facts that arise for consideration in this case are that the appellant herein is a Custom Broker having licence No.10/24 issued as per the Custom House Agents Licensing Regulations or CBLR. The CBI was investigating a particular case of imports of doz ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ommissioner 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. g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4. 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 th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icence, the appeal be dismissed. 5. On careful consideration of the submissions made by both sides, we find that the impugned order 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sibility in the case in hand. 6. 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 the date of confirmation of suspension of licence. Our this view is fortified ..... X X X X Extracts X X X X X X X X Extracts X X X X
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