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TMI Blog2017 (9) TMI 754X X X X Extracts X X X X X X X X Extracts X X X X ..... s prescribed in the sub-Regulations of Regulation 22. The Commissioner of Customs cannot ignore such time limit without assigning any reason or in an unusual situation. In the present case, there is no material on record for contravention of the provisions of the law. Appeal allowed - decided in favor of appellant. - Appeal No. C/166/12 - Order No. FO/A/77346/2017 - Dated:- 11-7-2017 - Shri P. K. Choudhary, Member ( Judicial ) And Shri B. Ravichandran, Member ( Technical ) Shri A. K. Das, Advocate for the Appellant Shri S. N. Mitra, AC(AR) for the Revenue ORDER Per Shri P. K. Choudhary The appellant filed this appeal against revocation of Customs House Agents licence under Regulation 20(1) of Customs House Agents Licensing Regulation(CHALR), 2004 and forfeiture of the security deposit. 2. Briefly stated the facts of the case are that the officers of the DRI during investigation found that M/s.Sungrowth Exports Pvt.Ltd. had made fraudulent export of Readymade Garments to Russia under DEPB scheme. The said exporter had availed DEPB licence from DGFT. It is noticed that the name of the appellant was shown in the Bills of Export. The appellants Customs H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the course of inquiry, consider such documentary evidence and take such oral evidence as may be relevant or material to the inquiry in regard to the grounds forming the basis of the proceedings, and he may also put any question to any person tendering evidence for or against the Customs House Agent, for the purpose of ascertaining the correct position. (4) The Customs House Agent shall be entitled to cross-examine the persons examined in support of the grounds forming the basis of the proceedings, and where the Deputy Commissioner of Customs or Assistant Commissioner of Customs declines to examine any person on the grounds that his evidence is not relevant or material, he shall record his reasons in writing for so doing. (5) At the conclusion of the inquiry, the Deputy Commissioner of Customs or Assistant Commissioner of Customs shall prepare a report of the inquiry recording [his findings and submit his report within ninety days from the date of issue of a notice under sub-regulation (1)]. (6) The Commissioner of Customs shall furnish to the Customs House Agent a copy of the report of the Deputy Commissioner of Customs or Assistant Commissioner of Customs, an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal can be disposed of on the above short-point. Admittedly, the offence of alleged irregularisation took place in the year 2002 and the suspension order was issued almost after three years of filing the shipping bills. The Tribunal in the above referred decision has held that power of suspension has an immediate nexus in time with the event. The same has to be resorted only when it felt necessary to immediate stop functioning of a Customs House Agent in order to safeguard the interest of the Customs House. The appellant in the present case was allowed to continue to act as CHA for the period of three years in which the case, it can be safely concluded that his continuation was not a danger to the Customs House. As such we are of the view that such suspension was not called for. We also note that the regular proceedings for cancellation of the licence has already been started by way of issuance of show-cause notice dated 22.6.05 under the provisions of CHA (LR) and reply has already been filed by the appellant. As such, we find no reasons to continue the suspension of the licence. The same is accordingly set aside and appeal is allowed. 8. The ld.Counsel for the appellant pl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd 9(nine) months. But, in the present case, it has taken 24(twenty four) months. The Tribunal in the case of Hindustan Shipping Agency V. Commr. of Customs (Port), Kolkata [Final Order No.MO/75522/16 and FO/A/75763/2016 Dated 22.07.2016] on the identical issue allowed the appeal of the Customs House Agent. The relevant portion of the said order is reproduced below:- 2.2 The time limit prescribed by law is mandatory and the appellant is not permitted to suffer in view of the decisions of the of the Tribunal A few of such decisions are as under: (i) 2016-TIOL-157-CESTAT-DEL M/s. Althaarva Global Logistics Vs. Commr. of Customs, New Delhi (ii) 2015-TIOL-2467-CESTAT-DEL M/s.. Lohia Travels and Cargo Vs. Commissioner of Customs (General), New Delhi (iii) 2016-TIOL-524-CESTAT-DEL M/s. Zen Cargo Movers Pvt. Ltd. Vs. Commissioner of Customs, New Delhi. 3. It would be preferable to place the time limit prescribing the limitation under respective regulations as under for convenience of reading : CHALR,2004 CBLR,2013 Purpose Specified Time Period 22 (1) ..... X X X X Extracts X X X X X X X X Extracts X X X X
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