2023 (10) TMI 1261 - HC - Customs

Suspension of Customs Broker License - handling large number of containers which would be arriving at the port everyday. The petitioner contended that around more than 360 employees are employed by the petitioner for carrying out its cargo handling services and therefore, a serious prejudice would be caused if the impugned order to the extent it suspends the licence of the petitioner is allowed to operate. HELD THAT - Having perused the record it would be appropriate for the petitioner to avail the remedy of an appeal, so that the rival contentions of the parties on the aspects of facts and law can be adjudicated before the Tribunal. Since the petitioner is a running concern employing more than 350 employees and handling large number of consignments day-in day-out, if the suspension order is not stayed certainly a prejudice would be caused to the petitioner who is dealing with the cargo belonging to third parties, further the petitioner has also more than 360 employees. Petitioner is permitted to approach the Tribunal in an Appeal to assail the order dated 20 October 2023 passed by the Commissioner of Customs. Let the Appeal be filed along with the stay application within a period of two weeks from the date of uploading the present order - Petition disposed off.

Summary

Issues involved:
The judgment challenges an order passed by the Commissioner of Customs suspending the petitioner's license as a Customs Cargo Service Provider and imposing penalties under relevant regulations and the Customs Act.

Details of the Judgment:

Issue 1: Suspension of License and Imposition of Penalties
The order dated 20 October 2023 suspended the petitioner's license as a Customs Cargo Service Provider and directed a deposit against the value of pilfered/stolen goods. The petitioner argued that the suspension would cause serious prejudice due to handling a large number of containers daily and employing over 360 employees.

Issue 2: Appealability of the Order
Both parties acknowledged that the impugned order is appealable under Regulation 12(9) of the Handling of Cargo in Customs Areas Regulations and Section 129(A) of the Customs Act. The petitioner was advised to approach the Tribunal for an appeal to adjudicate the facts and law.

Issue 3: Stay of Suspension Order
Considering the petitioner's status as a running concern with a significant number of employees and consignments, the Court stayed the suspension of the license until the Tribunal's disposal of the stay application. The petitioner was directed to file the appeal and stay application within two weeks.

Conclusion:
The Court disposed of the petition by permitting the petitioner to appeal the Commissioner's order and stay the suspension of the license. The Tribunal was instructed to expedite the hearing on the stay application within three months. Failure to file the appeal within the specified period would result in the cessation of the stay granted by the Court.