2014 (7) TMI 890 - HC - Customs

Suspension of operation of Customs Broker License, under Regulation 19(1) of Customs Brokers Licensing Regulations, 2013 - Forfeiture of security - Earlier hearing of petition - Held that - it would be suffice to direct the first respondent Tribunal to consider the application for stay at an early date and pass appropriate orders - Tribunal is directed to take up the application for stay first and pass appropriate orders - Decided in favour of assessee.

Summary

Issues: Suspension of Customs Broker License under CBLR, 2013, and appeal for early hearing.

Suspension of Customs Broker License under CBLR, 2013:
The petitioner was served with an order of suspension of the Customs Broker License by the second respondent under Regulation 19(1) of the Customs Brokers Licensing Regulations, 2013. Subsequently, a personal hearing was granted, and the petitioner's representative attended and submitted a written submission. The second respondent, through an Order-in-Original, continued the suspension under Regulation 19(2) of the CBLR, 2013. A show cause notice was issued under Regulation 18 of the CBLR, 2013, calling for reasons why the license should not be revoked, security deposit forfeited, or a penalty imposed. The second respondent nominated an Inquiry Officer, and the petitioner filed an appeal before the first respondent Tribunal under Section 129(A) of the Customs Act, seeking early hearing due to the suspension's impact on employees' livelihood. The Tribunal's practice of listing appeals based on seniority led the petitioner to file a writ petition for early hearing.

Appeal for Early Hearing:
The petitioner requested the first respondent Tribunal to consider the application for stay promptly and make appropriate orders. The Court, after considering the submissions, directed the Tribunal to prioritize the stay application over the appeal itself due to the pending appeals. The writ petition was disposed of by instructing the Customs, Excise and Service Tax Appellate Tribunal to decide on the stay application within four weeks from the order's receipt, without imposing any costs.

This judgment primarily dealt with the suspension of a Customs Broker License under the Customs Brokers Licensing Regulations, 2013, and the subsequent appeal for early hearing due to the suspension's adverse effects. The Court directed the Tribunal to address the stay application promptly, emphasizing the need to resolve the matter within a specific timeframe.