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TMI Blog2016 (4) TMI 1214X X X X Extracts X X X X X X X X Extracts X X X X ..... e trade for a freight forwarder to engage a ‘customs broker’ to handle the clearance formalities of its customers. There is no bar on the services of a ‘customs broker’ being contracted by freight forwarders or even other customs brokers. It is the contracted customs broker, who, in the present instance, is M/s. Vignesh Freight Forwarders Pvt. Ltd., to ensure compliance with the provisions of the Customs Act, 1962. There is no allegation of non-compliance of contravention of the Customs Act, 1962 against appellant or contracted customs broker. Further, there is no prescription on the manner and terms of employment of individuals by customs brokers. To the extent that a broker has sought for and obtained passes for individuals claimed to be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nces of the petitioner in the event that the Tribunal is approached by the petitioner.' 2. The appeal is against the following direction '…..in exercise of powers conferred under Regulation 19(2) of CBLR, 2013, hereby order that the suspension of M/s. Aquarius Maritime Pvt. Ltd., CB No. 11/1841, [PAN No. AACCAA2707P] ordered vide Order No. 62/2014-15 dated 11-12-2014 is hereby continued pending inquiry proceedings under Regulation 20 of CBLR, 2013.' of Commissioner of Customs (General) in the impugned order. 3. On 2nd February, 2015, appellant was issued with notice communicating the articles of charge and the appointment of Inquiry Officer. The Inquiry Officer, noting the non-response of noticee to the many letters iss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... because none of their own employees had been granted customs passes. The second article reproduces Regulation 10 and alleges that, in contravention thereof, the appellant had sub-let the licence of M/s. Vignesh Freight Forwarders Pvt. Ltd. The third article reproduces Regulation 17(9) and alleges contravention thereof by not preventing their employees from obtaining customs passes as employees of M/s. Vignesh Freight Forwarders Pvt. Ltd. 6. The appellant is, admittedly, a freight forwarder who applied for and obtained a new customs brokers licence and its authorized person, Shri Aloysius Pais, was duly qualified under the Customs Brokers Licencing Regulations, 2013. As freight forwarder, a number of their customers required clearance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... asses for individuals claimed to be their employees, the brokers are responsible vicariously for any contravention of the provisions of the Customs Act, 1962 or breach of the Regulations by such employees. 8. We take note that all the documentation and clearance of cargo of customers referred by appellant were undertaken by M/s. Vignesh Freight Forwarders Pvt. Ltd. and who, for those very activities, was proceeded against under the Customs Brokers [Licensing] Regulations, 2013 and penalised by Commissioner of Customs, Chennai. It is clear that the Regulations bind brokers to act in conformity with the Regulations while discharging functions as a broker. In relation to specific export or import consignments, there can be only one broke ..... X X X X Extracts X X X X X X X X Extracts X X X X
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