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Cus - CBLR, 2013 - Time-limits are laid down so that inquiry progresses in time bound manner and proceedings completed within time - as Department does not seem to have any regard for time-limits, order of suspension set aside: CESTAT

By TIOL News Service

MUMBAI, NOV 09, 2014: BY an order passed by the Commissioner of Customs (General), Mumbai, the suspension of the CHA licence issued to the appellant was continued pending inquiry proceedings under Regulation 20 of the Customs Brokers Licensing Regulations, 2013.

Against this order the appellant is before the CESTAT and after giving a chronological list of events that took place after suspension of their CHA licenceon 25/02/2014 submitted that the said CBLR lays down time-limits for conducting the inquiry proceedings, submission of inquiry officer's report, reply to be filed against the finding in the inquiry report and passing of the order thereafter either revoking the licence or setting aside the suspension. Inasmuch as since the whole proceedings should have been completed on or before 25/09/2014 which the department has not complied with and the appellant's request for furnishing of documents and list of witnesses remain unheeded, the order of suspension should be set aside, pleaded the appellant.

The AR informed the Bench that the inquiry officer has been appointed and the inquiry process is on.

The Bench observed -

"4. Last time when the case was listed on 26/09/2014, we had specifically directed Revenue to submit status report on the progress of inquiry. It is unfortunate that in spite of such direction, Revenue is unable to submit any progress report on the mater. It shows the callous and irresponsible approach on the part of the Customs department in dealing with the inquiry proceedings under the CBLR. Time-limits have been laid down statutorily so that the inquiry progresses in a time bound manner and the proceedings completed within the stipulated period. The Customs department does not seem to have any regard or respect for these time-limits. In these circumstances, we are constrained to set aside the order of suspension and direct the Commissioner of Customs (General) to allow the appellant to function as a CHA forthwith…."

The appeal was disposed of.

(See 2014-TIOL-2211-CESTAT-MUM)


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