9911796707
TMI Blog2019 (10) TMI 1288X X X X Extracts X X X X X X X X Extracts X X X X ..... power to suspend as an interim measure is to be used in those cases, where it is required that the Customs Broker Licence be immediately suspended - In the instant case, the alleged violation was of the year 2015 and the order of suspension has been issued in 2019, itself indicates that there is no emergency which requires that the licence be suspended. It is therefore ordered that the continuation of the suspension of the appellant s CHA firm vide the impugned order is set aside. The Principal Commissioner of Customs (Preventive) is directed to complete the enquiry proceedings expeditiously preferably within a period of six months from the date of receipt of a copy of this order. The appellant CHA/CB firm is entitled to carry on its busine ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e export consignments in respect of the three shipping bills. Based on the above allegation it was apprehended that the exports under these three shipping bills had not been taken place physically and only effected on paper. Subsequently the Customs Broker s licence was suspended under Regulation 16(1) of CBLR 2018 w.e.f. 24.05.2019. 4. The factual aspects of the case as per the evidences on record is that drawback was sanctioned on exports against fifteen Shipping Bills of M/s.S.K.Traders for purported exports to Bangladesh through Petrapole Land Customs Station. However, the exporter had not furnished the Bank Realisation Certificates (BRCs) being the export proceed within the stipulated period of the Drawback Rules. Since furnishing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ave always complied with the provisions by keeping liaison with the local exporter. Moreover before undertaking the job from the exporter, they have verified his address and citizenship from his Ration Card and PAN Card. His antecedents were also verified from the Character Certificate issued by jurisdictional Pradhan, Duttapukur-I Gram Panchayat and the Credit Information Report issued by the Standard Chartered Bank, 19, N.S.Road, Kolkata-700001 Branch. Thereafter he obtained his letter of authorization dated 01.12.2014 alongwith photocopy of his IEC issued by the DGFT, Kolkata on 13.01.2014. There is no evidence to establish any violation of any provision of Regulation 10 of CBLR, 2018 by the appellant in the course of handling export c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... subjected to punishment by ceasing their livelihood on immediate suspension of their CB license, under Regulation 16(1) of the Customs Brokers Licensing Regulations, 2018. 10. Learned Authorized Representative appearing on behalf of the respondent Revenue relies on the impugned order. 11. Heard both sides and perused the appeal records. 12. We find that the suspension have been made by way of interim measure for alleged misgivings and/or or inaction on the part of the appellant for imports in the year 2015, almost after four years and as such interim suspension, pending enquiry is not warranted. We find that the ruling of the Hon ble Bombay High Court in the case of CC v. National Shipping Agency [ 2008 (226) ELT 46 (Bom.)], where ..... X X X X Extracts X X X X X X X X Extracts X X X X
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