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TMI Blog2018 (5) TMI 929X X X X Extracts X X X X X X X X Extracts X X X X ..... e customs broker licence subject to fulfilment of the necessary formalities - appeal allowed - decided in favor of appellant. - Custom Appeal No. 50830 of 2018 - Final Order No. 51835/2018 - Dated:- 15-5-2018 - Hon ble Mr. S. K. Mohanty, Member (Judicial) And Hon ble Mr. V. Padmanabhan, Member (Technical) Dr. Prabhat Kumar, Advocate for the appellant Sh. Rakesh Kumar, AR for the respondent ORDER Per: V. Padmanabhan The present appeal filed against the Order-in-Original No. 04/2018 dated 15.01.2018. 2. The appellant has a Custom Broker Licence. The Commissioner of Customs, Jodhpur by issue of the impugned order, rejected the application dated 26.02.2015 filed for renewal of their Customs Broker Licence. Aggrieved ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... espect of two instances of alleged fraudulent export was restricted item like Potash for which the adjudicating authority has imposed a penalty of ₹ 25 lakh on the appellant and ₹ 5 lakhs. The appeals against such imposition of penalties are pending before the Tribunal. Finally, he submitted that the Customs Broker Licence may be renewed in the absence of any proceedings under CBLR, 2013. 5. Ld. AR appearing for the Revenue justified the impugned order. It is his submission that penalties stand imposed against the appellant under Section 114 in two different cases and such penalties have been imposed for acts of omission and commission in the case of certain fraudulent exports. Such penalties imposed are to be considered as i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation 9(2) which refers to the absence of instances of any complaints of misconduct , it is to be taken as referring to misconduct with reference to the applications outlined in Regulation 11. No doubt the appellant has been penalised under Section 114 but this fact by itself cannot be construed as a misconduct for the purpose of Regulation 9(2). Before such an action can be considered as misconduct, the licencing authority is required to examine whether any regulations have been contravened, through a process of formal enquiry. Unless such procedure has been completed, it will not be proper to view such penalties as misconduct for purposes of Regulation 9(2). 9. In view of the above discussions, we are of the view that the renewal of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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