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TMI Blog2018 (8) TMI 110X X X X Extracts X X X X X X X X Extracts X X X X ..... egulation 9(2) of Customs Brokers Licensing Regulation, 2013 (CBLR in short). 2. The facts relevant for the purpose are that the appellant is a Custom House Agent vide the above mentioned license. The Commissioner of Customs, Jodhpur Headquarters at Jaipur, in the case of import of plastic resin stones and plastic beads under bill of entry No. 6084427 dated 12.07.2014 by M/s Spectrum Enterprises issued a Show Cause Notice to the appellant calling them upon as to why the aforesaid license shall not be cancelled/ revoked, security furnished by the appellant shall not be forfeited and the penalty be not imposed under Regulation 18 read with Regulation 22 of CBLR for knowingly submitting the incorrect details/ custom declarations while getting ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wever, the Order under challenge has rejected the renewal. Ld. Advocate has relied upon the decision of Madras High Court in the case of D. Thimmeswara Rao Vs. C.C.E., Chennai 2017 (346) E.L.T. 177 (Madras) impressing upon that once the suspension has been set aside, it would be wholly untenable for revenue to rely upon the same unsubstantiated allegations for denying renewal of the license. It would have been different matter if Order of suspension was upheld after establishing guilt of petitioner by following the prescribed procedure. Denial of renewal on same set of unsubstantiated allegations is impressed upon to be not sustainable also for the reason that no person can be vexed twice on same set of facts. Ld. Advocate has also relied u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not committed any error while rejecting the renewal. Finally, the Order has been justified by the Ld. AR with the submission that the Order is well reasoned and has been passed after affording the reasonable opportunity of hearing to the appellant, that the Ld. AR has prayed for Appeal to be set aside. 6. After hearing both the parties to this list, we are of the opinion as follows: Appellant is a Custom House Agent. Hon'ble Apex Court in the case Commissioner of Customs Vs. M/s K. M. Ganatra & Company 2016 TIOL 13 (S.C.) - Cus has held: The CHA occupies a very important position in the Custom House. The Customs procedures are complicated. The importers have to deal with a multiplicity of agencies viz. Carriers, custodians like BPT as w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the appellant has failed to observe obligation (d), (e), and (f) of Regulation 14 of CBLR. 8. Now, coming to the impugned order under challenge we observe that the Commissioner Customs has denied renewal of the CHA license of the appellant bearing No. 2/CHAL/R/2003 rejecting the application of the appellant dated 15.02.2018 for renewal of license in terms of CBLR 2018. The appellant has challenged the same on the ground that he cannot be vexed twice for the same set of facts. But we are of the opinion that said ground is not sustainable in the given circumstances as non renewal of license under Order 9 Sub-Rule 2 of CBLR and the revocation thereof are two different things. For this reason, the ground taken by appellant that the licen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... performance of the applicant/licensee is found satisfactory with reference, inter alia, to the obligations specified in this Regulation including the absence of instances of any complaints of mis-conduct. The Order dated 02.02.2016 is definitely an instance of the complaint of mis-conduct. Hence we opine that Commissioner Customs has committed no error while denying the renewal of the licence. As already held above, the non renewal and revocation are two separate things under two distinct provisions of the Regulation, question of appellant to have been vexed twice, as is raised by him, is not sustainable. The authorities relied upon by the appellant are also not held applicable to the present facts and circumstances because present is not t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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