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Cus - CHA not allowed to function inspite of Tribunal orders - complete defiance - Commissioner directed to implement order forthwith and also directed to Show Cause as to why contempt should not be initiated against him: CESTAT

By TIOL News Service

MUMBAI, FEB 10, 2014: THE appellant's CHA licence was suspended in February, 2010 and no enquiry proceedings were initiated and no chargesheet was issued to the appellant against the said suspension.

In appeal, the Tribunal vide order dated 09/12/2011 directed the Commissioner of Central Excise & Customs, Nagpur to complete the proceedings under Regulation 22 of the CHALR, 2004 within three months from the date of the order i.e. within 3 months from 09/12/2011 and thereafter to decide the matter.

However, this order was not complied with and the appellant had to once again approach the Tribunal. Vide order dated 17/05/2012, the Bench set aside the order of suspension and consequently the appellant was at liberty to carry on with the functions of a Custom House Agent in accordance with law.

Again, the appellant has filed a Miscellaneous application against non-implementation of the order dated 17/05/2012 of the Tribunal. Inasmuch as it is their grouse that they have not been permitted to function as a Custom House Agent by the Customs authorities and, therefore, they seek that directions be issued to the Commissioner of Central Excise & Customs, Nagpur under rule 41 of the CESTAT Procedure Rules, for implementation of the CESTAT order.

The Revenue representative submitted that he needed to ascertain the status from the Commissioner concerned.

The Bench observed -

"5. Considering the submissions made by both the sides we are of the considered view that the action of the Commissioner is in complete defiance of the order of this Tribunal dated 17/05/2012. Therefore, we direct the Commissioner to forthwith implement the Tribunal's order.

6. The Commissioner is also directed to show cause as to why contempt proceedings should not be initiated against him for non-implementation of the Tribunal's order dated 17/05/2012. This notice is returnable within 15 days from today.

7. List the proceedings on 11th February, 2014…"

In passing : On our part, we will keep netizens informed. It is hoped that the Chief Commissioner and the Board take note of this defiance.

(See 2014-TIOL-207-CESTAT-MUM)


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