2022 (10) TMI 423 - HC - Customs

Suspension of endorsement of Customs Broker License - Regulation 16 read with Regulation 7 (3) - HELD THAT - What is evident is that the petitioner s suspension has been ordered vis- -vis all ports/CFS under the Noida Customs Commissionerate, with effect from 17.05.2022 - the petitioner was given an opportunity of personal hearing on the date mentioned in the notice dated 30.05.2022. A plain reading of the first proviso of Regulation 16 of the Customs Brokers Licensing Regulations, 2018 does indicate, that where the Principal Commissioner or Commissioner of Customs deems fit, he may for the reasons to be recorded in writing, suspend the license for a specified number of Customs Stations - Mr Maggu has drawn our attention to the communications dated 01.08.2022 and 08.08.2022, addressed in this regard, to the Deputy Commissioner of Customs (Airport General), New Custom House, New Delhi. Issue notice to respondents via all permissible modes, including email - List on 21.09.2022.

Summary

Issues:
1. Suspension of Customs Broker License under Noida Customs Commissionerate.
2. Opportunity of personal hearing and reply filing.
3. Interpretation of Customs Brokers Licensing Regulations, 2018.
4. Grievance regarding license suspension impeding operations under Delhi Commissionerate.

Analysis:
1. The judgment addresses the suspension of a Customs Broker License under the Noida Customs Commissionerate, effective from 17th May 2022. The petitioner was granted a personal hearing on 30th May 2022, as per the communication from the Commissionerate.

2. The petitioner's representative was directed to file a reply to the suspension notice, but the reply was not on record. Mr. Maggu, representing the petitioner, assured the court that the reply would be submitted. Additionally, it was requested to confirm if the representative attended the hearing and if any orders were issued.

3. The court examined Regulation 16 of the Customs Brokers Licensing Regulations, 2018, which allows the suspension of a license by the Principal Commissioner or Commissioner of Customs for specified reasons. The regulation outlines the process for suspension, including providing an opportunity for a hearing and subsequent decision-making.

4. It was highlighted that the suspension of the license was limited to the Noida Customs Commissionerate, creating a challenge for the petitioner to operate under the Delhi Commissionerate. Communications dated 01.08.2022 and 08.08.2022 were presented to the Deputy Commissioner of Customs in New Delhi regarding this issue.

5. The court issued notices to the respondents through various modes, including email, with Mr. Ajit Kumar Kalia accepting notice on behalf of the respondents. Instructions were sought from Mr. Kalia, and if required, a counter affidavit was to be filed before the next hearing date on 21st September 2022.