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2024 (3) TMI 706

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..... y the Government agencies. To ensure appropriate discharge of such trust, the Customs Broker Licensing Regulations have been framed and there has to be strict compliance thereof. Any contravention of such obligation would invite sanction as provided in the Regulations. We are of the view that the appellant having admitted permitting the use of his licence by third party in exchange for monthly remuneration, the punishment of cancellation of licence is not disproportionate. Further, as noticed no substantial question of law arises in the subject appeal. Thus, the appeal is dismissed. - HON BLE MR. JUSTICE SANJEEV SACHDEVA AND HON'BLE MR. JUSTICE RAVINDER DUDEJA Advocates who appeared in this case: For the Appellant: Ms. Reena Rawat and .....

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..... ellant admitted to the factum of permitting the use of his custom broker licence to Mr. Narender Narula and Mr. Rupan Barua against receipt of Rs. 50,000/- per month and also permitted the G-Card to be used for such transactions. The appellant further, in his subsequent statement, also admitted that the said broker licence was sub-let. He pointed out to six monthly transactions of Rs. 50,000/- each received by him for permitting Mr. Narender Narula and Mr. Rupan Barua to use his custom broker licence as also the G-Card. 6. It is an admitted position that statements that were given by the petitioner were never retracted. 7. By the Order-in-Original dated 04.12.2017, the Commissioner of Customs, noticing the provisions of the Custom Broker Li .....

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..... counsels for the parties, we are of the view that no substantial question of law arises in the subject appeal and the same raised only purely factual issues. 11. The only submission made by the learned counsel for the appellant is with regard to proportionality of punishment i.e. of revocation of the customs broker licence. 12. Learned counsel for the appellant submits that the punishment is harsh and disproportionate to the said conduct. Reliance is placed by learned counsel on the judgment of a Coordinate Bench of this Court in Ashiana Cargo Services Vs. Commissioner of Customs, 2014 (302) ELT 161 (Delhi). 13. We are unable to accept the submission of the learned counsel for the petitioner for the reason that a Customs Broker occupies a v .....

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