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TMI Blog2016 (12) TMI 1566X X X X Extracts X X X X X X X X Extracts X X X X ..... ioner for revocation of his licence would be way out of time. Therefore, taking into account the position of law and the facts obtaining in this case, I am inclined to allow the Writ Petition - Petition allowed. X X X X Extracts X X X X X X X X Extracts X X X X ..... bject goods as 1440 bags of Potash Feldspar 200 mesh, whereas, what was being exported, as indicated above, was red sanders. 5.4. It is, in this background, that both the exporter, (i.e, M/s.Rubicon Mineral Process) and the petitioner, in his capacity as the CHA, were issued a SCN dated 22.09.2014. The record shows that the petitioner did file a reply to the SCN, which is dated 14.10.2014. 5.5. Ultimately, the SCN came to be adjudicated upon vide order dated 29.05.2015. 6. I am informed by the learned counsel for the petitioner that an appeal has been preferred by the petitioner against the order dated 29.05.2015. 6.1. I may only note that vide order dated 29.05.2015, a penalty in the sum of ₹ 5.00 lakhs has been imposed on the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 300 (Mad.) iii) Sunil Dutt V. Commissioner of Customs (General), NCH - 2016 (337) ELT 162 (Del.) iv) Impexnet Logistics V. Commissioner of Customs (General) - 2016 (338) ELT 347 (Del.) v) Overseas Air Cargo Services V. Commissioner of Customs (General), New Dekgu - 2016 (340) ELT 119 (Del.) 11. On behalf of the petitioner, Mr.Krishnanandh, has advanced arguments, whereas, on behalf of the respondents, Mr.A.P.Srinivas has made submissions. 12. The arguments of the learned counsel for the petitioner proceeded in line with the averments made in the Writ Petition. The broad ground taken to assail the SCN has already been indicated hereinabove. 13. Mr.A.P.Srinivas, learned counsel appearing on behalf of respondents, on the other hand, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... empowers action in Regulation 18 and procedure in Regulation 20 (1), the use of the term shall cannot be termed as directory. 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 08.04.2010, the necessity to include a time limit for initiating action was addressed by the Board after field inspection and by a notification dated 08.04.2010, amendments prescribing time period for initiating action and completing proceedings was made. The same was given effect by notification dated 20.01.2014. Whereas, under the CBLR, 2013 having found the necessity to prescribe a period, the Central Board, the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ure of the Customs House Agent to comply with any of the conditions of the bond executed by him under regulation 10; (b) failure of the Customs House Agent to comply with any of the provisions of these regulations, within the jurisdiction of the said Commissioner of Customs or anywhere else; (c) any misconduct on his part, whether within the jurisdiction of the said Commissioner of Customs or any where else which in the opinion of the Commissioner renders him unfit to transact any business in the Customs Station. 18. The above regulation has only 3 ingredients namely (i) failure to comply with the bond conditions, (ii) failure to comply with the regulations and (iii) a misconduct, for any of which, the licence can be revoked. Since th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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