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2016 (6) TMI 658

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....shankant (Advocate) For the Respondent : Mrs. Suchitra Sharma (DR) ORDER PER R. K. SINGH: Appeal has been filed against Commissioner of Customs New Delhi's order dated 22/12/2015 in terms of which CHA license of the appellant was revoked in terms of the Regulation 22(7) of the Customs House Agent Licensing Regulations 2004 as amended and the amount of security was also forfeited. 2. The....

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..... DR on the other hand contended that the appellant had grossly violated CHALR and therefore punishment is commensurate with the gravity of the offence. However, he admitted that there has been breach of the timeline prescribed in CHALR but added that as per the Delhi High Court judgment in the case of Burleigh International vs. CC 2016 (33) ELT 9(Del), the timelines prescribed under CHALR are not....

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....ce under Regulation 22(1). Thus, breach of time limit prescribed under Regulation 22(5) is clearly established. Madras High Court in the case of A M Ahmad (supra) in effect has clearly held that breach of the time limit prescribed in Regulation 22 is fatal to the order and set aside the order on that ground. As regards the judgment of Honble Delhi High Court in the case of Burliegh International ....

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....h order as he deems fit either revoking the suspension or continuing it, as the case may be, within fifteen days from the date of hearing granted to the Customs Broker : Provided that in case the Commissioner of Customs passes an order for continuing the suspension, the further procedure thereafter shall be as provided in regulation 20." "22(5) At the conclusion of the inquiry, the Deputy Comm....