TaxTMI 
TaxTMI 
2013 (12) TMI 37
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.... the Commissioner of Customs, Hyderabad suspended the licence under Regulation 20(2) of the Customs House Agents Licensing Regulations, 2004 (CHALR, 2004). This order of the Commissioner was passed ex parte contemplating enquiry into the CHA's role in relation to certain import made by M/s. Ranjana Trading Corporation in July 2011 at Mumbai. After issuing the above order dated 14-10-2011, the learned Commissioner held a post-decisional hearing in the matter on 24-10-2011, which was attended by the CHA. However, no order came to be passed. 2. In the above circumstances, when this matter arose before this Bench on the last occasion, we directed the department to submit a report on the Customs investigation into the above import as also on an....
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....Customs, Hyderabad did not also follow the mandate of Board's Circular No. 9/2010-Cus., dated 8-4-2010. In this connection, paragraphs 7.1 and 7.2 of the Circular are particularly referred to. The learned counsel has also referred to Final Order No. 459/2012, dated 11-7-2012 passed by this Bench in appeal No. C/2881/2011 filed by another CHA, M/s. K.C.P.J. International Agency. 4. We have heard the learned Superintendent (AR) also who has adverted to the conduct of the CHA as profiled in the impugned order. However, it has been conceded that no order has been passed after the post-decisional hearing given to the CHA on 24-10-2011. 5. After considering the submissions, we are constrained to set aside the Commissioner's order on the firm gr....
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.... limits in cases warranting immediate suspension under Regulation 20(2). Accordingly, the investigating authority shall furnish its report to the Commissioner of Customs 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." (underlining added) Regulation 2....