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TMI Blog2018 (4) TMI 551X X X X Extracts X X X X X X X X Extracts X X X X ..... 0-1-2018 - Mr. M.V. Ravindran, Member (Judicial) and Mr. Madhu Mohan Damodhar, Member (Technical) Mr. Prashant Patankar, Consultant for the Appellant. Mr.M. Chandra Bose, (ADC) A.R. for the Respondent. ORDER [Order per: Madhu Mohan Damodhar] M/s. Babaji Shivram Clearing Carriers Pvt. Ltd., the appellants herein, are a Customs Broker under provisions of Customs Broker Licensing Regulations, 2013 (CBLR 2013). The appellants, vide a letter dt. 21.12.2016 submitted an application in Form C, to Kakinada Customs for renewal of permission of extension of their custom broker agency to operate at Kakinada Customs. The jurisdictional Customs Commissionerate addressed a letter to original license issuing authority, namel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2017. Yet another representation dt. 07.03.2017 was made by appellant again requesting reconsideration of the decision and also requesting grant of Personal Hearing. After grant of personal hearing by the Commissioner on 08.03.2017, a speaking order No.02/2017 dt. 28.03.2017 (impugned order) was issued with the following decision : I decline to renew the permission granted to M/s.Babaji Shivram Clearing Carriers Pvt. Ltd. for operation / transacting businesses as Customs Broker Licence at Kakinada Customs House under Regulation 7 (2) read with Regulation 23 of the Customs Brokers Licensing Regulations, 2013. Aggrieved, the appellants are before this forum. 2.1 On 03.01.2018 when the matter came up for hearing, the appellant rep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. 4. On the other hand, Ld. A.R., Shri Chandra Bose (ADC) supports the adjudication. 5. Heard both sides and have gone through the facts. 6. The sole ground for rejection of the application for renewal of the CB license to operate at Kakinada Customs is that an inquiry is pending in the parent Custom House. The adjudicating authority has also taken a view that intimation in Form C under Regulation 7 (2) of the CBLR 2013 does not give any automatic entitlement to a customs broker to operate in that particular customs station and that right to operate in that customs station is subject to acceptance or permission of jurisdictional Commissioner . 7. We are not able to appreciate this conclusion of the lower authority. The appellan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g enquiry. In any case, even at an earlier stage when both the enquiries were pending against the appellant, the parent licensing authority, namely New Custom House, Mumbai had conveyed their NOC for renewal of permission to operate at Kakinada Customs. The appellants have also submitted that in spite of said extant inquiries, not only the New Custom House, Mumbai but also a number of other Customs Houses had renewed the permission of the appellant to continue their operation. In fact, the New Custom House, Mumbai has renewed the CB license for further 10 years upto 31.12.2026. In the face of these clarifications and No Objection from the parent Commissionerate, the impugned order declining permission to continue the operations at Kakinada ..... X X X X Extracts X X X X X X X X Extracts X X X X
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