2011 (3) TMI 824

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....ing Regulations, 2004 (hereinafter called as "the CHALR") to transact customs clearance work within the jurisdiction of Delhi Commissionerate and jurisdictions of other Commissioners of Customs under Regulation 9(2) of CHALR. 2. The Applicant is in Appeal against Order-in-Original No. 31/VKG/POLICY/2010 dated 3-1-2011 suspending their CHA licence. MA 24/2011 is for early hearing of the Appeal. MA 50/2011 is a request to raise additional grounds on the basis of Board's Circular 9/2010 dated 8-4-2010. 3. We find that the appellants are now stopped from carrying on their profession and for this is enough reason to give early hearing accordingly MA 24/2011 is admitted. We also see that the additional grounds sought to be argued ....

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....company exporting goods and thus the export documents were forged ones. The investigation report alleges that the CHA was aware of the fraudulent nature of the signatures but did not disclose it to the customs department. There is also a charge that during the investigations the CHA did not disclose information about other Shipping Bills which were filed, but against which goods had been not been exported. Based on this report, the license of the CHA was suspended w.e.f from 15-12-2010. 8. The suspension of licence of a CHA knocks out the CHA from business causing fatal blows to the owners as well as the employees and hence has to be done with due deligence. CBEC recently issued guidelines vide circular No. 9/2010 dated 8-4-2010 on ....

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....ase against a CHA in suspension or revocation proceedings by the Customs field formations. However, the Commissioner of Customs, who had authorised a CHA to operate on 'C' form intimation at a customs station, may take action in deserving cases under regulation 21 of CHALR, 2004 for prohibiting the working of such defaulting CHA in any section of the Custom House/Customs Station. (v) Time limit for completion of suspension proceedings against CHA licensee under regulation 22 : 7.1 The present procedure prescribed for completion of regular suspension proceedings takes a long time since it involves inquiry proceedings, and there is no time limit prescribed for completion of such proceedings. Hence, it has been decided by the B....

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....who had issued the CHA license (Licensing authority), within thirty days of the detection of an offence. The Licensing authority shall take necessary immediate suspension action within fifteen days of the receipt of the report of the investigating authority. A post-decisional hearing shall be granted to the party within fifteen days from the date of his suspension. The Commissioner of Customs concerned shall issue an Adjudication Order, where it is possible to do so, within fifteen days from the date of personal hearing so granted by him.'' 9. The main grievance of the Appellant is that these guidelines/have not been followed in their case. They place the following time chart of events in their case. Event Date Seizure of g....