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TMI Blog2018 (11) TMI 39X X X X Extracts X X X X X X X X Extracts X X X X ..... KYC norms from the importer directly. It only states that appellant has to comply with obtaining the KYC documents - It is also not the case of the department that the appellant has played any active role in the importation of misdeclared consignment. Further even after 9 months of issuing the SCN, so far there has been no proceedings for revocation of the licence - Department cannot issue orders of suspension indefinitely in the guise of revocation of licence so as to obstruct the customs broker from engaging in his activities of livelihood indefinitely. The impugned order for continuation of suspension of customs broker licence is unjustified - appeal allowed - decided in favor of appellant. - Appeal No. C/41654/2018 - FINAL ORDER ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lant is now before the Tribunal. 3. The Ld. Counsel Shri S. Murugappan opened his arguments adverting to the paragraphs 25 26 of the impugned order. He submitted that the sole reason for issuing the impugned order continuing the suspension of the licence of the appellant is that the appellant had not directly collected authorization letter and KYC norms of the importer, but got the same through one Mr. Jayakumar of M/s.Easwar Logistics. It is not the case of the department that the appellant had connived in misdeclaration of the goods or that appellant had not complied with the KYC norms before filing the Bill of Entry. The only allegation is that the appellant instead of collecting such documents directly from the importer had collect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt had abided by the regulations of obtaining the KYC norms from the importer. He submitted that SCN has been issued and proceedings are yet to be concluded. 5. Heard both sides. 6. As per the impugned order, the licence of the customs broker / appellant has been suspended indefinitely as it states that suspension order should continue until further orders. In the earlier order of suspension dt. 10.11.2017, it is brought out that statements of various persons including Shri M. Jayakumar who is alleged to have handed over the KYC documents to the appellant were taken by the department. He has stated that he got acquaintance with Mr. Ravichandran who was looking for some business in import clearance and that he knew one Mr. S.Sukumar wh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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