9911796707
TMI Blog2020 (3) TMI 104X X X X Extracts X X X X X X X X Extracts X X X X ..... ner before the Writ Court questioning the order issued by the respondent Revenue dated 17.11.2014, by which the respondent Revenue directed the writ petitioner / appellant to appear before the Authorities for participating in an enquiry to be conducted regarding whether the Customs Broker Licence of the petitioner / appellant which was already suspended, has to be revoked or the suspension should continue. 3. In this context, the learned Judge in the Writ Court, after having heard the learned counsel for both sides, has passed the following order. " 7.Heard both sides and perused the materials placed before this Court. 8.It is not in dispute that the petitioner was carrying on business with valid license, till it was expired on 30.11.2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ra Vs.Union of India and others), wherein it has been held that in Paragraph No.8 ".....It is now well settled that when an authority passes an order which is within its competence, it cannot fail merely because it purports to be made under a wrong provision, if it can be shown to be within its power under any other provision. If the power is otherwise established, the fact that the source of the power has been incorrectly described in the order would not make it invalid......" 11.Similarly the decision reported in 2014, (309) E.L.T 440, (Montosh Kumar Saha Vs. Union of India) will not be applicable to the case on hand, as the period of license has already expired and paragraph no.18 is extracted below:- ".....18. There can be no doubt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onth from the date of receipt of copy of this order. Consequently, connected miscellaneous petitions are closed. No costs." 4. Aggrieved over the said order, the present appeal has been preferred by the licensee. 5. We have heard the learned counsel for the parties. It is brought to our notice by the learned counsel for the Revenue that, though notice has been given by the Revenue to the licensee to appear for enquiry in order to comply with the direction issued by the learned Judge in the order impugned directing the Revenue to consider the application of the licensee dated 17.10.2014, which was pending all along, the licensee has not chosen to appear before the authorities concerned of the Revenue. 6. Though this factor is disputed by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this Writ Appeal deserves to be rejected. However, since it had not been made clear before this Court as to whether the enquiry has been conducted pursuant to the notice issued in this regard by the Revenue, we are inclined to give an opportunity to the appellant licensee to appear before the authorities concerned and accordingly the appellant licensee shall appear before the authorities concerned on 10.03.2020. It is made clear that no separate intimation or notice will be issued by the Revenue in this regard and therefore, pursuant to this order, the appellant shall appear before the authorities concerned as indicated above without fail and can urge whatever grounds he wants to urge to get the license afresh. 10. It is further directed t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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