2016 (5) TMI 775

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....f the Petitioner/Appellant within the time period stipulated in Regulation 22(5) of the Customs House Agents Licensing Regulations, 2004 ("CHALR"). 2. While, the appeal of the Appellant is directed against the order dated 11th March, 2015 passed by the Customs, Excise and Service Tax Appellate Tribunal ("CESTAT") in Appeal No. C/51800/2014-CU(DB), the writ petition pertains to the subsequent Show Cause Notice issued by the Respondents to the Petitioner on 17th March, 2015. 3. The facts in brief are that the CHA licence issued to the Petitioner was suspended on 6th September, 2013. In terms of Circular No.9/2010 issued by the Central Board of Excise and Customs ("CBEC"), the proceedings are required to be completed within nine months f....

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.... the licence of the Petitioner under Regulation 22(1) read with Regulation 22(7) of the CHALR, 2004 and also forfeiting the security deposit of Rs. 75,000/-. 6. The time limits in the CHALR 2004 for issuance of the SCN to the CHA licence holder and completion of the inquiry within 90 days of issuance of such SCN are sacrosanct. The aforesaid time limits were engrafted into Regulation 22 of the CHALR, 2004 by a Notification No. 30/2010- Cus.(N.T.) dated 8th April, 2010. Simultaneously, the CBEC issued Circular No. 9/2010 dated 8th April 2010 clarifying the procedures governing the suspension and revocation of CHA licence. In para 7.1 of the said Circular, it was noted as under: "7.1 The present procedure prescribed for completion....