2024 (3) TMI 699 - AT - Customs

Seeking revocation of suspension of the Customs license - execution of fake export through Land Customs Station - HELD THAT - We find that the continuous suspension of the license of the Customs Broker without either conducting an inquiry or issuing a notice for revocation of the license or imposition of penalty is bad in law and needs to be set aside. We, therefore, find that the Appellant has made out a case for seeking the revocation of the suspension of the Customs license. Without passing any remarks on the merits of the case of revocation of license or imposition of penalty and giving full liberty to the Commissioner to proceed in the matter as per the regulations, order of the suspension of the Customs Broker license cannot be sustained. Thus , the appeal is allowed.

Summary

Issues Involved:
The issues involved in the judgment are the suspension of a Customs Broker's license under Regulation 16 of the Customs Broker Licensing Regulations, 2018 and the failure to take further action within the prescribed time frame for revocation of the license or imposition of penalty under Regulation 17.

Issue 1: Suspension of License under Regulation 16

The Appellant, a Customs Broker, challenged the suspension of their license under Regulation 16 of the Customs Broker Licensing Regulations, 2018. The suspension was based on suspicion of involvement in fake exports. The Appellant argued that no action had been taken for revocation of their license or imposing a penalty within the specified time frame. The Appellant highlighted the provisions of Regulation 16 which require a hearing within fifteen days of suspension and an opportunity for the Customs Broker to present their case. The Tribunal found that the continuous suspension without conducting an inquiry or issuing a notice for revocation or penalty was unlawful. The Tribunal held that the Appellant had a right to seek revocation of the suspension, and the suspension of the Customs license was set aside.

Issue 2: Failure to Take Further Action under Regulation 17

The Appellant contended that no show cause notice had been issued for revocation of the license or imposition of a penalty, and no enquiry officer had been appointed. The Appellant argued that they were unfairly deprived of their business rights due to the suspension without any further action. The Tribunal noted the requirements of Regulation 17 for issuing a notice within ninety days of receiving an offence report and providing an opportunity for the Customs Broker to present a defense. The Tribunal emphasized that no action had been taken within the prescribed time frame, leading to the unjust deprivation of the Appellant's business rights. The Tribunal allowed the appeal, setting aside the suspension of the Customs Broker's license.

Conclusion:
The Tribunal found that the continuous suspension of the Customs Broker's license without conducting an inquiry or initiating proceedings for revocation or penalty was unjust and contrary to the regulations. The Tribunal granted the Appellant's appeal, allowing for the revocation of the suspension and emphasizing the need for proper procedures to be followed in such cases.