Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2022 (10) TMI 445

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 8 and other applicable provisions of law - Petition disposed off. - W.P.(C) 12082/2022 - - - Dated:- 21-9-2022 - HON'BLE MR JUSTICE RAJIV SHAKDHER AND HON'BLE MS JUSTICE TARA VITASTA GANJU Petitioner Through: Mr. Akhil Krishan Maggu with Mr. Vikas Sareen, Advocates. Respondents Through: Mr. Ajit K. Kalia, Sr. Standing Counsel with Mr. Abhinav Kalia, Advocate. [Physical Hearing/Hybrid Hearing (as per request)] RAJIV SHAKDHER, J. (ORAL): 1. Following substantive prayers have been made in the writ petition: i. issue an appropriate writ, order or direction of mandamus to thereby directing the respondents to intimate/convey the reasons for suspending the custom broker licence bearing number 09/2001 of the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... he case is fixed on 30.05.2022 at 3:00 PM, before Principal Commissioner, Noida Customs Commissionerate. 2.2 Clearly, what is evident is that the petitioner s suspension has been ordered vis- -vis all ports/CFS under the Noida Customs Commissionerate, with effect from 17.05.2022. 3. Furthermore, the petitioner was given an opportunity of personal hearing on the date mentioned in the notice dated 30.05.2022. 4. On being queried, Mr Maggu says that the reply to the said notice was filed. However, the reply filed, if any, is not on record. 4.1 Mr Maggu says that he will place the reply on record. 5. Furthermore, Mr Maggu will also inform us, as to whether or not the petitioner s representative attended the hearing .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... issioner of Customs or Commissioner of Customs, as the case may be, passes an order for continuing the suspension, further procedure thereafter shall be as provided in regulation 17. 7. Annexure P-7 does indicate, that the suspension of license ordered was only vis-a-vis the Noida Customs Commissionerate. 8. Therefore, the petitioner s grievance is that without suspending the license, it is impeded from operating under the Delhi Commissionerate. 9. Mr Maggu has drawn our attention to the communications dated 01.08.2022 and 08.08.2022, addressed in this regard, to the Deputy Commissioner of Customs (Airport General), New Custom House, New Delhi. 10. Issue notice to respondents via all permissible modes, including e .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... import and violation of port restrictions as well, thus rendering the outrightly smuggled goods liable to confiscation under Section 111 of the Customs Act. He has violated the CBLR, 2018 and not met the obligations under Regulation 10, ibid. As per Regulation 16 read with Regulation 7(3), the Customs Broker License No.09/2001 endorsement is ordered to be suspended for all the ports/CFS under Noida Customs Commissionerate with effect from 17th May, 2022. It is, therefore, requested to kindly immediately suspend endorsement in EDI system of Customs Broker License No.09/2001 (PAN ACBPV3271B) in respect of M/s A.H. Associates at Noida Customs Commissionerate. This issues with the approval of Competent Authority. Sub .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates