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of <h1>Customs broker license revocation overturned due to procedural errors and lack of evidence</h1> <h3>SHIV AMBICA CLEARING AND FORWARDING PVT. LTD. Versus COMMISSIONER OF CUS., CHENNAI-VIII COMMISSIONERATE</h3> SHIV AMBICA CLEARING AND FORWARDING PVT. LTD. Versus COMMISSIONER OF CUS., CHENNAI-VIII COMMISSIONERATE - 2022 (379) E.L.T. 250 (Tri. - Chennai) Issues:Revocation of customs broker license under Regulation No. 20(7) of Customs Brokers Licensing Regulations, 2013 due to non-compliance with obligations under Regulation 11(a) and 11(n).Analysis:Issue 1: Allegations of Non-Compliance with RegulationsThe judgment revolves around the revocation of a customs broker's license for alleged non-compliance with obligations under Regulations 11(a) and 11(n) of the Customs Brokers Licensing Regulations, 2013. The appellant faced charges related to the submission of documents without identifying the importer on record, leading to the initiation of proceedings under the said regulations.Issue 2: Procedural Irregularities and Natural JusticeThe judgment highlights procedural irregularities in the inquiry process, where the inquiry authority afforded adjournments but the appellant did not avail them, resulting in ex parte proceedings. The tribunal observed that the appellant's plea regarding the existence of the importer on record was valid, emphasizing that the broker's obligations could not be deemed breached if the importer was identifiable. The failure to consider this crucial aspect and the conduct of ex parte proceedings were deemed violations of natural justice principles.Issue 3: Lack of Evidence and Fresh InquiryThe tribunal noted that the inquiry did not consider significant facts, such as the involvement of the importer and past cases involving the customs broker. Due to procedural lapses and the absence of proper evidence, the tribunal set aside the impugned order and remitted the matter back to the Commissioner of Customs for a fresh inquiry. The directive emphasized the necessity of conducting a new inquiry in adherence to principles of natural justice to reach a fair conclusion.In conclusion, the judgment underscores the importance of procedural fairness and adherence to legal obligations in matters concerning the revocation of licenses. It emphasizes the need for thorough inquiries, consideration of all relevant evidence, and compliance with principles of natural justice to ensure a just and unbiased decision-making process in regulatory proceedings.
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