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TMI Blog2022 (3) TMI 59X X X X Extracts X X X X X X X X Extracts X X X X ..... hall carry on business as a Customs Broker unless he holds a license granted under the regulations. Application for license has to be made as provided in Regulation 4. Regulation 5 provides the conditions to be fulfilled for grant of license. Under Sub-regulation (2) of Regulations of 2013, renewal of license can be granted if the performance of the licensee is found to be satisfactory with respect inter-alia to obligations specified in the regulation including the absence of instances of any complaints of misconduct. The power for grant of renewal of extension is thus quite wide. The request for renewal would be considered on the parameter of the performance of the licensee if found satisfactory and there being absence of instance of any complaint of misconduct. However to refuse renewal of the license only on the ground of one isolated incident of irregularity for which the competent authority found that appropriate punishment was imposing penalty of ₹ 25,000/-, would be wholly unjustified and impermissible - if there are multiple instances of complaints of misconduct of a Custom House Broker, the renewal of license may be refused. However a mere isolated instance of irr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lty of ₹ 25,000/- on the appellant but refused to revoke his license. In the meantime, till this order was passed, license of the appellant remained suspended for a period of about 7 months. After the said order was passed the suspension stood revoked and he continued to discharge his duties as CHA for about three years when the question of renewal of the license arose. In terms of the Regulations of 2013 he applied for such renewal. In response to his application the competent authority issued a show cause notice dated 31.05.2018 and called upon him to show cause why the application be not rejected on the following grounds. Whereas under the circumstances, application for renewal of Customs Broker License No. 1/CHAL/03 filed by the said Customs Broker appears liable for rejection under Regulation 9(2) of CBLR, 2018 in as much as instance of complaint of misconduct stand proved in terms of said Order-in-Original No. JOD-CUSTM- PRV-COMMR. 08/2015 dated 5.06.2015. The appellant raised objections to the proposal of not renewing the license. His main ground was that for the alleged irregularity he has already been adequately punished when the Commissioner imposed the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... HA applies for renewal of the said licence. The said order has been brought to the notice by learned Member (Technical) being the common Member for both the orders. In the given circumstances, this amounts to apparent contradiction in findings of two coordinate Benches and the situation may warrant the issue to be referred to Hon ble Larger Bench. However, prior the registry is directed to place on record copy of the said order and to list the matter for re-hearing so as to bring to their notice, the aforesaid order and arguments if any. Fresh notice to the parties be given for the next date of hearing. The case was fixed for rehearing before the tribunal. The tribunal passed fresh order on the appeal of the appellant on 08.01.2020 and dismissed the same primarily on the ground that once an order is pronounced in the open court, the same becomes part of the record and that there is no reason to recall the earlier order dated 05.03.2019. The appellant has thereupon approached this Court. Learned counsel for the appellant Mr. Sehban Naqvi submitted that another bench of the tribunal had taken a different view. In the present case the tribunal has taken a contradictory stand w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Commissioner to refuse renewal of the license of the appellant was wholly unjustified. Regulation 3 of the said Regulations of 2013 provides that no person shall carry on business as a Customs Broker unless he holds a license granted under the regulations. Application for license has to be made as provided in Regulation 4. Regulation 5 provides the conditions to be fulfilled for grant of license. Regulation 9 pertains to period of validity of license. Sub-regulation (1) of Regulation 9 provides that a license granted shall be valid for a period of 10 years from the date issuance and would be renewed from time to time in accordance with the procedure specified in sub-regulation (2). Sub-regulation (2) of Regulations of 2013 which is of importance reads as under:- The Commissioner of Customs may, on an application made by the licensee before the expiry of the validity of the licence under sub-regulation (1), renew the licence for a further period of ten years from the date of expiration, if the performance of the licensee is found to be satisfactory with reference, inter alia, to the obligations specified in this regulation including the absence of instances of any complaints ..... X X X X Extracts X X X X X X X X Extracts X X X X
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