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TMI Blog2023 (7) TMI 1419X X X X Extracts X X X X X X X X Extracts X X X X ..... and 17(5) of CBLR, 2013. The issue as to whether the Offence Report dated 14.06.2017 was received by the respondent on 18.09.2017 or before 18.09.2017 i.e on 14.06.2017 is a disputed question of fact. It has to be determined only by the Tribunal. The petitioner has to therefore file a statutory appeal in terms of Regulation 19 of the Customs Broker Licensing Authority Regulations, 2018 which has came into force at the time of the impugned order was passed on 01.06.2018. This writ petition is liable to be dismissed - Petition disposed off. X X X X Extracts X X X X X X X X Extracts X X X X ..... inal No. 63711 of 2018 dated 01.06.2018 was passed on 01.06.2018 but was not communicated to the petitioner. It is submitted that mere communication of the Order-in-Original No. 63711 of 2018 dated 01.06.2018 to Mr. M.R. Naresh Babu, a "F" Card holder of the petitioner is not sufficient. It is submitted that the respondent ought to have served a copy of the Order-in-Original No. 63711 of 2018 dated 01.06.2018 on the petitioner at their registered premises. 6. It is submitted that the petitioner came to know about the passing of the impugned impugned Order-in-Original No. 63711 of 2018 dated 01.06.2018 only when one of the partners of the petitioners firm was informed that since no appeal has been filed against the impugned Order- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... toms, Chennai- VIII in W.P. No. 2958/2018 dated 04.02.2020. 10. Aristo Shipping Services Vs. Principal Commissioner of Customs, Chennai- VIII 2021 (377) ELT 562 (Mad) 9. The learned Junior Panel counsel for the respondent submits that the writ petition is devoid of merits and further submits that the offence report was indeed received by the office of the respondent only on 18.09.2017 and therefore the Show Cause Notice dated 17.12.2017 issued to the petitioner by the respondent was well within the period of limitation of 90 days from the date of receipt of Offence report. 10. The learned Junior Panel Counsel for the respondent has drawn attention to the copy of a letter dated 15.09.2017 of Assistant Commissioner of Customs (CBS), NCH. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on and Finding", it has been held that the initial prohibition order was passed, based on the report received from the Additional Commissioner of Customs, CIU/JNCH, Mumbai vide F. NO. SG/Misc- 45/2017-18 CIU/JNCH dated 14.06.2017 which necessitated an immediate action to be taken against the petitioner to prevent further misuse of the licence issued to the petitioner. 14. The issue as to whether the Offence Report dated 14.06.2017 was received by the respondent on 18.09.2017 or before 18.09.2017 i.e on 14.06.2017 is a disputed question of fact. It has to be determined only by the Tribunal. The petitioner has to therefore file a statutory appeal in terms of Regulation 19 of the Customs Broker Licensing Authority Regulations, 2018 which has ..... X X X X Extracts X X X X X X X X Extracts X X X X
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