9911796707
TMI Blog2025 (4) TMI 1099X X X X Extracts X X X X X X X X Extracts X X X X ..... ated 09.06.2015 and also the Order-in-Original No. 39410/2015 dated 02.07.2015 passed by the Commissioner of Customs, Chennai continuing the suspension of the Customs Broker Licence No. R-308/CHA of M/s. HSN Shipping Private Limited, Chennai. 2. Brief facts of the appeals are as follows: - 2.1 The appellant is a holder of regular licence No.R-308/2014 under Regulation 7(1) of CBLR, 2013, issued at Chennai Commissionerate and the licence is valid till 27.04.2024. The Appellant has handled the Bill of Entry No. 6102740 dated 15.07.2014 filed by M/s. R.S. Enterprises for import of furniture under one Container No.TCNU5748662 (1 X 40) from China through their Customs Broker M/s. HSN Shipping Pvt. Ltd. The subject bill of entry was given out o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hus, Customs Broker violated the provisions of the Customs Broker Licensing Regulations, 2013 as below : - i. Regulation 17(9) has been violated in as much as they did not exercise any supervision as may be necessary to ensure the proper conduct of his employees in the transaction of business and hence is held responsible for all acts or omissions of his employees during their employment. ii. Regulation 11(b) has been violated in as much as they had engaged their employee without identity card issued by the Customs in the Customs area. As per CBLR, 2013 i. Regulation 17 (9) of CBLR, 2013 "The Customs Broker shall exercise such supervision as may be necessary to ensure the proper conduct of his employees in the transaction of busines ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llant has informed that against the above orders of the Commissioner of Customs, Chennai, the Appellant has approached the Hon'ble High Court of Madras by filing Writ Petition Nos. 38433 and 38434 of 2015 under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the entire records of the Customs Authority leading to issuance of the impugned notice proceedings in both the orders i.e., Suspension and Continued Suspension of the CHA in F.No. R-308/CHA and quash the same. The Ld. Advocate has submitted that the Hon'ble High Court of Madras in the order dated 03.01.2020 has quashed the impugned orders. The relevant portions of the order of the Hon'ble High Court read as: - "By this Common order, both the Writ pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7.07.2015 is being quashed as being issued beyond the period of limitation. Therefore, there is no justification keeping the petitioners' license suspended any longer. Therefore, impugned order dated 09.06.2015 (impugned in W.P. No.38433 of 2015) is also quashed. 9. In the light of the above discussion, both be writ petitions are allowed with consequential relief to the petitioner. Consequently, connected miscellaneous petitions are closed. No costs." 4. The Ld. Authorized Representative Mr. Sanjay Kakkar represented the Department. The findings in the impugned orders were reiterated by the Ld. AR. 5. Heard both sides and perused the order of the Hon'ble High Court of Madras. 6. In view of the Orders of the Hon'ble High Court of Ma ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
