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
Customs - Highlights / Catch Notes

Home Highlights November 2024 Year 2024 This

The Customs Broker's license suspension under Regulation 16(1) ...


License Suspension of Customs Broker Overturned Due to Lack of Evidence.

Case Laws     Customs

November 6, 2024

The Customs Broker's license suspension under Regulation 16(1) of CBLR, 2018 and its continuation were challenged. The Tribunal examined the Bill of Entry details and found no evidence of illegal activities by the Customs Broker in removing the container or taking it back to the examination area. The duties of examining goods and allowing movement from the Container Freight Station were part of Customs officers' responsibilities, not the Broker's. The impugned order lacked clear findings and reasons for immediate suspension as per CBIC instructions. The Tribunal held that no sufficient grounds were made out against the Broker, and the continuation of license suspension could not be sustained. Following precedent, the Tribunal modified the order by setting aside the Broker's license suspension while allowing proceedings under Regulation 17 of CBLR, 2018 to continue as per law.

View Source

 


 

You may also like:

  1. CESTAT, an Appellate Tribunal, reviewed the revocation of a customs broker's license and related penalties u/s various regulations. The charges included failure to...

  2. Customs broker's license revocation order set aside due to lack of evidence for alleged violations. Key findings: no proof of misdeclaration or undervaluation to...

  3. Revocation of a customs broker's license and imposition of penalty under the Customs Brokers Licensing Regulations, 2018. The key points are: The finding that the...

  4. Revocation of Customs Broker License - Proceedings for revocation of license contemplated under regulations 14 and 17 are independent of the proceedings for suspension...

  5. Customs broker's license suspension case involving violations of Regulations 10(d) and 10(e) of Customs Brokers Licensing Regulations (CBLR), 2018. Gross mis-declaration...

  6. Revocation of the customs broker licence - Misuse of G-Cards - sub-letting of the licence on commission basis for a monthly consideration - The case involved the...

  7. Suspension of Customs Broker License - It is true that suspension is required only in cases where the Commissioner feels the need for immediate action. But this...

  8. Seeking revocation of suspension of the Customs license - execution of fake export through Land Customs Station - the Tribunal found that the continuous suspension of...

  9. Suspension of Customs Broker License - A statement which is retracted or otherwise, and more so not being substantiated by documentary or other proof, cannot be...

  10. Continuation of Suspension of Customs Broker License - The punishment meted out to the Custom Broker should be commensurate with such omission. It is a settled law that...

  11. Customs broker's license revoked for non-compliance with Regulations 13(d), 13(e), and 13(f) of CHALR, 2004. Delay in inquiry proceedings. Broker held license since 1983....

  12. Suspension of Customs Broker Licence - prolonged suspension of license - This Court is of the considered opinion that interim suspension cannot be allowed to continue...

  13. Revocation of Customs Broker License - It is not permissible to revoke the Customs Broker’s licence of the appellant with nothing more than some suspicion. The suspicion...

  14. Revocation of customs broker license invalid due to contradictory findings - forefeiture of security deposit and penalty levy set aside - no evidence of subletting...

  15. Suspension of Customs Broker License - Deemed Suspension or automatic suspension? - There is no existence of any provision of “Deemed Suspension” or “automatic...

 

Quick Updates:Latest Updates