2015 (5) TMI 291 - HC - Customs

Renewal of Customs Broker License - Held that - Petitioner has already deposited the process fee of ₹ 5,000/- on 08.09.2014 and also produced the Solvency Certificate of ₹ 50,000/- on 11.11.2014 and once again he has deposited ₹ 40,000/- on 19.12.2014. The proceedings dated 06.01.2015 also shows the Commissioner (Chennai VIII Commissionerate) has allowed the petitioner to continue to operate the business of the firm till 29.03.2015. - There cannot be any impediment on the part of the respondents to consider the petitioner s request of renewing the license. Hence, this Court directs the respondents to pass appropriate orders with respect to Customs Broker License and till then, the order passed by the Commissioner (Chennai VIII Commissionerate) allowing the petitioner to continue to operate the firm shall continue. - Decided in favour of appellant.

Summary

Issues:
Renewal of Customs Broker License despite partnership dispute objections.

Analysis:
The Writ Petition filed by Streamline Forwarders sought a Writ of Mandamus to direct the respondents to process and issue a renewal of Customs Broker License despite objections related to a partnership dispute. The petitioner had a registered Partnership Deed with various partners over the years, with changes in the composition of the partnership. The petitioner claimed to have fulfilled all requirements for renewal, including paying fees and producing necessary certificates. Despite these actions, the respondents delayed the renewal process.

The petitioner highlighted their track record of compliance and cooperation with the authorities, indicating no valid reason for the delay in renewing the license. The respondents, represented by Mr. K. Mohana Murali, acknowledged the pending application for renewal and informed that the petitioner had been allowed to operate the firm for a limited period. The Court noted that the petitioner had met all financial obligations and had been granted permission to continue business operations until a final decision was made on the renewal application.

Based on the submissions and evidence presented, the Court found no justification for the delay in processing the renewal of the Customs Broker License. Consequently, the Court directed the respondents to expedite the renewal process and instructed that the permission granted to the petitioner to operate the firm would remain in effect until a final decision on the license renewal was made. The Writ Petition was disposed of without costs, and the connected miscellaneous petition was closed.