2013 (9) TMI 1016

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....t. Shri Pradeep S. Jetly with Jitendra B. Mishra, for the Respondent. ORDER This appeal against the order dated 8 November, 2012 of Customs, Excise & Service Tax Appellate Tribunal (CESTAT) was admitted on 13 December, 2012. By the above order dated 8 November, 2012, the CESTAT dismissed the appellant's appeal from order dated 27 July 2012, suspending the appellant's licence as Customs Ho....

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.... stay of the impugned order be granted. 3. Learned Counsel for the appellant further relied upon para 7.2 of the Circular No. 9/2010-Customs, dated 8 April, 2010. In support of its contention that the Licensing Authority was required to take a decision to suspend the CHA licence within fifteen days from the date of receipt of the report of the Investigating Authority, who in turn is requir....

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....s like a trial where evidence led can be tested by cross-examination. Therefore, the order passed by the Licensing Authority on the Enquiry Officer will be passed after considering all the issues in depth. We are conscious of the fact that such long delay in completing the proceedings causes prejudice to the appellant as its licence to do business is under suspension pending enquiry under Regulati....

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....to pass an order within ninety days from the date of submission of report by the Enquiry Officer. 6. In other words, Regulation 22 of CHALR contemplates that entire enquiry from the date of issuing of notice under clause (1) of Regulation 22 of CHALR till the date of the decision of the Commissioner of Customs under clause (7) of Regulation 22 of CHALR is required to be completed within 18....