9911796707
TMI Blog2016 (2) TMI 10X X X X Extracts X X X X X X X X Extracts X X X X ..... R (JUDICIAL) AND R K SINGH, MEMBER (TECHNICAL) For the Petitioner : Shri B R Tripathi, Adv. For the Respondent : Shri Amresh Jain, DR ORDER PER: ASHOK JINDAL: The appellant is in appeal against the impugned order wherein Commissioner of Customs (General), New Delhi has revoked the Custom Broker License of the appellant exercising the power under Regulation 20 read with Regulation 12(7) of the Customs Broker Licensing Regulation, 2013 and forfeited the bank guarantee of ₹ 75,000/- furnished by the appellant vide order dated 13th Feb. 2015. 2. The facts of the case are that the appellant is a Custom House Broker operating under license issued by the Commissioner of Customs [General), New Delhi. Initially vide ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order, the appellant is before us. 3. The ld. Counsel for the appellant appeared and submits that in this case the DRI, intimated to the adjudicating authority on 7.10.2013 which was received in their office on 18.10.2013 and thereafter DRI issued a Show Cause Notice dated 30.10.2013 under Customs Act, 1962 and the Show Cause Notice under Regulation 18 read with Regulation 20 of the Custom Broker Licensing Regulation 2013 was issued on 17.6.2014 which is beyond the prescribed time limit as per Regulation 20 of the said Regulation. Therefore, the order of revocation of Custom Broker Licensing is to be set aside in the light of the decision of this Tribunal in the case of M/s Surpass Freight Forwarders vide Final Order No. 41020/2015 date ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... escribed in regulation 22 shall not apply in respect of the provisions contained in sub-regulation (2) to regulation 20. (2) The Commissioner of Customs may, on receipt of the written statement from the Customs House Agent, or where no such statement has been received within the time-limit specified in the notice referred to in sub-regulation (1), direct the Deputy Commissioner of Customs or Assistant Commissioner of Customs to inquire into the grounds which are not admitted by the Customs House Agent. (3) The Deputy Commissioner of Customs or Assistant Commissioner of Customs shall, in the course of inquiry, consider such documentary evidence and take such oral evidence as may be relevant or material to the inquiry in regard to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thin ninety days from the date of submission of the report by the Deputy Commissioner of Customs or Assistant Commissioner of Customs, under sub-regulation (5). (8) Any Customs House Agent aggrieved by any decision or order passed under regulation 20 or sub-regulation (7) of regulation 22, may prefer an appeal under section 129A of the Act to the Customs, Central Excise and Service Tax Appellate Tribunal established under sub-section (1) of section 129 of the Act. As per Regulation 20(1), the Commissioner of Customs is required to issue a notice in writing to the Custom Broker within a period of 90 days from the date of receipt of an offence report, stating the grounds on which it is proposed to revoke the license or impose penalt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lant replied against that prohibitory order on 8.11.2013 to the Commissioner of Customs [General), Mumbai. Even the appellant also filed reply to the offence report dated 7.10.2013 on 22.11.2013 before the Commissioner of Customs, Chennai. Despite entire materials were there on record, before the Commissioner of Customs, Chennai, he failed to proceed against the appellant in terms of Regulation 20 within the stipulated time. When that Regulation is mandatory and requires the public authority to act publicly to pass public order and he fails to do so within the time prescribed, recourse to that provision is no more available to him on the expiry of the period so stipulated. Therefore, when the mandatory requirement of the Regulation was paid ..... X X X X Extracts X X X X X X X X Extracts X X X X
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