9911796707
TMI Blog2016 (6) TMI 752X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioner, though they had applied for renewal of their licence in accordance with Rule 9 of the Regulations, their application for renewal of the Customs Broker licence is not being considered by the first respondent. The Managing Director of the petitioner, namely, Mr. Bethusami Bethuraj is the Managing Director of another company called M/s. Indam Recycling Company (P) Limited. The said company holds an Import Export Code. One Rafeek Ahamed had imported a consignment through Cochin Port making use of the Import Export Code of the said company. The Directorate of Revenue Intelligence, Kochi initiated proceedings against Rafek Ahamed as also the Managing Director of the petitioner under the Customs Act in respect of the said consignm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mpanies Act. Ext.P1 is the order imposing penalty relied on by the respondents to withhold the application for renewal of licence submitted by the petitioner. Ext.P1 indicates that penalty is imposed on its Managing Director in relation to his conduct as Managing Director of another company, namely, M/s. Indam Recycling Company (P) Limited. Regulation 5 (e) and (f) of the Regulations dealing with the conditions to be fulfilled by the applicants for Customs Broker licence reads thus: 5. Conditions to be fulfilled by the applicants : The applicant for a licence to act as a Customs Broker in a Customs Station, shall prove to the satisfaction of the Commissioner of Customs, that : x x x x x x x x x x x x x x x x x x (e) he has not been pena ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rescribed only for the authorised representative of the firm or company as the case may be, who is handling the customs work. In other words, the regulations do not prescribe any qualification or disqualification for the officers of companies/firms other than the partner or director or the authorised employee who is handling the customs work. In the said view of the mater, according to me, the petitioner has to succeed. 5. In the result, the writ petition is allowed. There will be a direction to the first respondent to consider the application for renewal of licence submitted by the petitioner and grant the renewal sought by the petitioner if their application is otherwise in order. This shall be done within four weeks from the date of rec ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
