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TMI Blog2018 (7) TMI 107X X X X Extracts X X X X X X X X Extracts X X X X ..... on 20 for either revocation of licence or for imposing penalty. The process starts with a notice to be issued by the Commissioner of Customs to the Custom House Broker within a period of 90 days from the date of receipt of offence report stating the grounds on which it is proposed to revoke the licence or impose penalty. The suspension of the licence cannot be a substitute for either revocation or imposition of penalty on the appellant, although Regulation 19 does not indicate for how long the licence can be suspended. It does indicate that licence may be suspended where immediate action is necessary where an enquiry against the Customs Broker is pending or contemplated. Now, neither the enquiry can be completed nor action taken unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... excess drawback and the SIIB, New Customs House had booked a case against these exporters. It was found during investigation that the appellant was the customs broker who processed these documents. Accordingly, the appellant was prohibited from operating in New Customs House, Delhi. A letter dated 28.09.2017 was sent by New Customs House, Delhi to the office of the Principal Commissioner of Customs, Hyderabad who had issued the licence to the appellant, explaining the role of the appellant in the fraud. Based on the letter of New Customs House, Delhi, the office of the Principal Commissioner, Hyderabad vide letter No. S/3/CHA/21/2008- Cus.Tech, dated 17.10.2017 suspended the Custom House broker licence of the appellant under Regulation 19( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ] (c) Ambika Enterprises vs. CC (Import Genl), New Delhi [2016(343)ELT 1022 (Tri.-Del.)] (d) Saro International Freight System vs. CC, Chennai-VIII [2016(334) E.L.T 289 (Mad.)] (e) Innovative Cargo services vs. CC (General) [2017(356)E.L.T 181 (Del.) Ld. Counsel argued that the suspension of licence under Regulation 19 is a temporary measure where it is felt appropriate to take immediate action and it cannot be a substitute for due process to revoke the licence or impose penalty under regulation 18 read with Regulation 20 of CBLR, 2013. 5. Ld. DR reiterated the arguments made in the Order-in-Original and said that the appellant had the responsibility to verify the credentials and details of the exporters who have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of event, we reproduce para 17 of the Order-in-Original: 17. Basing on the above cited letter dated 28.09.2017, this Office vide letter C.No. S/3/CHA/21/2008-Cus-Tech, dt. 17.10.2017 has suspended the CB licence under Regulation 19(1) of CBLR, 2013 pending further investigation and enquiry in the matter and a personal hearing was fixed on 21.11.2017. A reference was made to the New Custom House, New Delhi, requesting them to send the offence report along with all relied upon documents in the case vide letter C.No. S/3/CHA/21/2008-Cus.Tech, dated 25.10.2017 and once again on 01.11.2017. But, so far, nothing has been received from New Delhi customs to this Office for further proceeding into the matter. 7. As can be seen, the new Cu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ogistics Vs. CC, Indore [2017(348)E.L.T 145 (Tri.-Del.)]. In this particular case, there is an additional factor that the application of the appellant under Regulation 9(2) for renewal of licence has been acknowledged by the Office of the Principal Commissioner of Customs, Hyderabad and the appellant has been advised to produce the original licence to make necessary endorsement in it (effectively renewing their licence till 2028). We, therefore, find that continuation of the suspension of the appellant s licence vide the aforesaid Order-in-Original needs to be set aside and we do so, without prejudice to any action that may be taken under Regulations 18 read with Regulation 20 if and when the Principal Commissioner of Customs, Hyderabad rec ..... X X X X Extracts X X X X X X X X Extracts X X X X
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