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TMI Blog2018 (12) TMI 31X X X X Extracts X X X X X X X X Extracts X X X X ..... in how the blank form signed by him found its way into the hands of Shri Barun Chanak. But what stands established is that the partner of the appellant has signed and handed over the import declaration form without filling up the details of any particular import. This has given room for misuse of such form subsequently. The contravention of the Regulation 10 of the CBLR, 2013 stands established against them - the ends of justice would be met by imposition of penalty of ₹ 25,000/- on the appellant - revocation of the Customs Broker Licence is not justified - appeal allowed in part. - Appeal No. C/75883/2018 - FO/A/76987/2018 - Dated:- 29-11-2018 - Shri P. K. Choudhary, Judicial Member And Shri V. Padmanabhan, Member (Technical) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing Regulation, 2013 in filing the bill of entry in the above case. The Customs Broker Licence of the appellant was initially suspended but the same was revoked by the Licensing Authority s Order dated 11.07.2017. Subsequently, show cause notice dated 18.08.2017 was served upon the appellant proposing to revoke the Customs Broker Licence in terms of CBLR, 2013. The enquiry into the alleged offence against the appellant was completed and the ld. Commissioner, by issue of the impugned order revoked the licence and ordered forfeiture of the full amount of security deposit. This Order is under challenge in the present proceedings. 2. The appellant is represented by Shri Arijit Chakraborty, Advocate and Respondent is represented by Shri S.K.N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aud in the import consignment for which bill of entry has been filed. iii) Ld. Advocate further referred to the impugned order in which the adjudicating authority observed that the appellant requested for the cross examination of Shri A.K.Jha to establish how the signed blank copy of the declaration form Shri Barun Chanak found from Shri A.K.Jha. However, the adjudicating authority declined to give permission for such cross examination. Under the circumstances he submitted that the appellant cannot be held to have contravened any of the Customs Broker Licensing Regulations. He also emphasized the fact that in the show cause notice issued by the DRI for the alleged customs offence, the appellant has not been made noticee and hence there i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... UNLOP were also found. Accordingly, offence case was booked against the importer and show cause notice dated 12.07.2017 as been issued to the importer and others. But it has been pointed out that there is no proposal for imposition of penalty against the appellant. 7. The enquiry conducted under the CBLR, 2013 found the appellant to have contravened various Regulations under CBLR, 2013. The appellant was found to contravened Regulation 10 i.e. sub-letting the Customs Broker Licence. They have also been alleged to have violated several sub-regulations of Regulation 11, which are a consequence of alleged violation of Regulation 10. The Enquiry Authority came to the said conclusion mainly on the basis of the fact that the annexures to the b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation form bears his signature, but he could not explain how the blank form signed by him found its way into the hands of Shri Barun Chanak. But what stands established is that the partner of the appellant has signed and handed over the import declaration form without filling up the details of any particular import. This has given room for misuse of such form subsequently. 9. In the facts and circumstances we are of the view that the contravention of the Regulation 10 of the CBLR, 2013 stands established against them. But taking into consideration the gravity of the violation, we are of the view that the ends of justice would be met by imposition of penalty of ₹ 25,000/- on the appellant. The revocation of the Customs Broker Licenc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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