2017 (9) TMI 1009 - AT - Customs

Revocation of CHA license - forfeiture of security deposit - time limit as prescribed under Regulation 20 of Customs Brokers Licensing (Amendment) Regulations (CBLR), 2013 - Held that - Regulation 20(5) provides the preparation of report by the enquiry officer within 90 days from the date of issuance of the notice under Regulation 20(1) of Customs Brokers Licensing (Amendment) Regulations, 2013 - In the present case, the enquiry officer has taken 8 months - Further, Regulation 20(7) provides that the Commissioner of Customs may pass the order within 90 days from the date of submission of the enquiry report. In this case, it has taken more than four months. The legislature has prescribed the time limit for taking steps in each and every stage in the sub-Regulations of Regulation 20. The Commissioner of Customs cannot ignore such time limit without assigning any reason or in an unusual situation - It is well settled principles of law that where a power is given to do a certain thing in a certain way, the thing must be done in that way or not at all. Appeal allowed - decided in favor of appellant.

Summary

Issues:
Revocation of Customs House Agent's license and forfeiture of security deposit under Customs Brokers Licensing Regulations.

Analysis:

1. The appellant appealed against the revocation of their Customs House Agent license and forfeiture of the security deposit under Customs Brokers Licensing Regulations. The case involved a Show Cause Notice issued to a company for cancellation of DEPB scrips obtained against forged documents, where the appellant, as a Customs House Agent, was involved in the clearance of consignments. The license was suspended and later revoked by the Principal Commissioner of Customs. The appellant contended that the proceedings were initiated in contravention of the time limit prescribed under the Regulations.

2. The Customs Brokers Licensing Regulations provide a detailed procedure for revoking a license or imposing a penalty. The Commissioner of Customs must issue a notice to the Customs Broker within 90 days from the offense report, allowing the broker to submit a written defense. The Deputy Commissioner or Assistant Commissioner then conducts an inquiry, prepares a report within 90 days, and submits it to the Commissioner. The Commissioner, after considering the report and any representation from the broker, must pass orders within 90 days from the report submission.

3. In this case, the appellant argued that the proceedings exceeded the prescribed time limits, violating Regulation 20. The appellant presented a timeline showing delays in the inquiry process, contrary to the stipulated timeframes. The Tribunal noted that the Regulations mandated completion of proceedings within 270 days or 9 months. The Tribunal referred to previous judgments emphasizing the mandatory nature of time limits in such cases.

4. The Tribunal highlighted that the Regulations set specific time limits for each stage of the revocation process, and the Commissioner cannot disregard these limits without valid reasons. Citing legal principles, the Tribunal emphasized that when a certain procedure is prescribed by law, it must be strictly followed. The Tribunal found no justification for the delays in this case, leading to the conclusion that the impugned order revoking the license was not sustainable under the law.

5. Ultimately, the Tribunal set aside the impugned order and allowed the appeal filed by the appellant, emphasizing the importance of adhering to the prescribed time limits in revocation proceedings. The judgment underscored the mandatory nature of these time limits and the necessity for strict compliance with the procedural requirements outlined in the Customs Brokers Licensing Regulations.