9911796707
TMI Blog2014 (8) TMI 963X X X X Extracts X X X X X X X X Extracts X X X X ..... spension. 2. The writ petitioner company carries on the business of a clearing and forwarding agent described as a broker in the under mentioned regulations. At the moment, they are facing two proceedings. One is for revocation of their licence under Section 20 of the Customs Brokers Licensing Regulations, 2013. The other is a show cause notice dated 13th December, 2013 issued by the Directorate of Revenue Intelligence asking the petitioners why penalty etc. mentioned therein should not be paid by them for the cause of action of the regulation 20 notice. 3. According to the above regulations, the Commissioner of Customs has the power to issue an immediate suspension order under Section 19, even without hearing the customs and cl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore the authorities on 29th June, 2013 and 1st July, 2013 implicating the writ petitioners. His statement was that the writ petitioners were not acting for themselves but for one "Baid Organization". The licence of this "organization" had been revoked on 17th October, 2012. Baid had been using the writ petitioners to do exactly the same thing which he was prohibited from doing by revocation of his licence. 7. Mr. Manoj Baid, Director of "Baid Organization" made his statement on 1st July, 2013. He corroborated the statements of Jaladhar Khaskel. Another employee of the writ petitioner company Sanat Kumar Mondal, a jetty sarkar was also examined. 8. Principally, on the basis of these statements the Commissioner of Customs passed t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and 6, which are set out below : "5. We submit that the transactions at the Port was dealt only by our customs approved staff and in nowhere the alleged CHA firm M/s. Baid Organisation [whose license was revoked by the customs] was allowed to act on our behalf and/or allowed to accompany with our staff and/or also was allowed to use our license at any point of time. It is a case where this job was brought by Sri Manoj Baid. Besides that in no way the said Sri Baid was allowed to use our license for their job. 6. We also submit that our Jaladhar Khaskel is the only authorized signatory against our license sitting at Head Office. He has no participation and interaction with any of our clients and/or to know the details of the cli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... statements without the writ petitioners having been given an opportunity of dealing with the same was in breach of the principles of natural justice and the Commissioner was in gross procedural error. 15. However, the circumstances of the case demand that the existing proceedings against the writ petitioners are expedited. 16. I order that the show cause issued by the Directorate of Revenue Intelligence dated 13th December, 2013 along with the show cause issued under regulation 20 of the above Regulations be disposed of by 30th December, 2014 by giving an adequate opportunity to the writ petitioners to show cause and by way of a reasoned order. 17. Since the writ petitioners have come to Court challenging the suspension or ..... X X X X Extracts X X X X X X X X Extracts X X X X
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