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TMI Blog2014 (11) TMI 992X X X X Extracts X X X X X X X X Extracts X X X X ..... containing the eventuality of suspension of licence and therefore, is not regulated and/or controlled by Regulation 20 thereof. Furthermore, proviso is inserted to sub-regulation (2) of Regulation 19 which was absent in the repealed regulation providing a further action to be taken in the event the Commission of Customs allowed the order of suspension to continue. Therefore, it cannot be said that the order of suspension passed by the Commissioner of Customs is permanent in nature. - No interim order. - W.P. No. 29443 (W) of 2014 - - - Dated:- 19-11-2014 - Harish Tandon, J. Shri Kishore Dutta and Shakeel Md. Akhtar, for the Petitioner. Shri S.B. Saraf and K.K. Maiti, for the Respondent. ORDER The order suspending ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... opportunity of hearing is legal, invalid and opposed to the principles of natural justice as held by the Coordinate Bench in case of Hindustan Shipping Agency v. Union of India reported in (2009) 2 CalLJ 241. 3. By relying upon a judgment rendered in case of N.C. Singha, Sons v. Union of India reported in (1998) 2 Cal LT = 1998 (104) E.L.T. 11 (Cal.). Mr. Dutta submits that in absence of recording the circumstances warranting the suspension with immediate effect, the order of suspension cannot be sustained. 4. The licence can be suspended under Regulation 19 of the Customs Brokers Licensing Regulations, 2013. Sub-regulation (1) of the said Regulation commence with non obstante clause and empowers the Commissioner of Customs to suspen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the regulations and the obligations attached thereto by the Customs Broker. 7. The Division Bench in case of N. C. Singha, Sons (supra), did not lay down the proposition that under any circumstances the order of suspension cannot be passed but what has been laid down is that the order of suspension with immediate effect should not be by way of punishment but is necessary to cater the situation warranting immediate action. In the given case in the Division Bench notices that the order lacks the recording of the satisfaction relating to immediate action. 8. In the present case Paragraph 27 clearly depicts the non-fulfilment of the statutory obligations and contemplation to proceed for an enquiry and to prevent the further misuse of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which deals with the procedure for suspending or revoking licence under Regulation 20 , provides the answer. Regulation 22(1) provides the procedure for suspending the licence of an agent. Hence, as Regulation 20(2) does not lay down the follow up procedure, the procedure under Regulation 22 is to be followed . 10. The present regulation that is Customs Brokers Licensing Regulation, 2013, makes a difference between revocation and suspension as both the eventualities are jotted down in different and separate regulations. Regulation 18 relates to the revocation of licence and procedure has been provided in Regulation 20. Regulation 19 is an independent provision containing the eventuality of suspension of licence and therefore, is no ..... X X X X Extracts X X X X X X X X Extracts X X X X
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