2019 (2) TMI 2096 - AT - Customs

Application for stay in impugned order - Ld. Commissioner has dropped the proceedings against the respondent who is a Customs Broker - HELD THAT - On going through the Regulation 19 of the Custom Broker Licensing Regulations, 2018, only the Customs Broker or F-card holder can file an appeal before this Tribunal against the order of the Commissioner of Customs (General) under the Customs Brokers Licensing Regulations, 2018. Admittedly, there is no provision of filing the appeal by the Revenue. In these circumstances, question of stay of operation in the impugned order does not arise. Consequently, stay application as well as the appeal are dismissed.

Summary

Issues:
Appeal for stay in impugned order regarding proceedings against a Customs Broker.

Analysis:
The judgment pertains to an application for stay filed by the Revenue in response to an order by the Ld. Commissioner dropping proceedings against the respondent, who is a Customs Broker. The relevant regulation in question is Regulation 19 of the Custom Broker Licensing Regulations, 2018, which specifies the procedure for filing an appeal. The regulation states that only a Customs Broker or F-Card holder can file an appeal before the Customs, Central Excise and Service Tax Appellate Tribunal against the order of the Commissioner of Customs (General) under the said regulations. Notably, there is no provision for the Revenue to file an appeal in such cases. Consequently, the Tribunal dismissed the stay application and the appeal since the Revenue is not eligible to file an appeal under the regulation. The judgment was dictated and pronounced in the open court by the Tribunal members.

This judgment highlights the importance of adhering to the specific provisions outlined in the Custom Broker Licensing Regulations, 2018. It clarifies that only Customs Brokers or F-Card holders have the right to file appeals before the Tribunal in cases concerning orders by the Commissioner of Customs (General). The judgment emphasizes the need for strict compliance with the regulatory framework governing appeals in matters related to Customs Brokers. By dismissing the stay application and the appeal filed by the Revenue, the Tribunal upholds the regulatory requirements and limits the scope of parties eligible to seek redress through the appellate process in such circumstances. The decision underscores the significance of procedural rules and eligibility criteria in determining the rights of parties to appeal and seek relief in customs-related matters.