Customs broker licence suspension cannot continue beyond the prescribed enquiry period without any regulatory extension.

Continuation of customs broker licence suspension beyond the regulatory period for completing enquiry proceedings was impermissible where the Customs Brokers Licensing Regulations, 2013 contemplated completion within an overall nine-month timeframe and contained no provision for extension. As the proceedings had remained pending for about 14 months from receipt of the offence report, the Tribunal held that an open-ended suspension could not be maintained. Relying on its consistent earlier view, it concluded that once the prescribed period expired without concluded enquiry or authorised extension, the suspension ceased to be sustainable and was set aside.

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Issues: Whether continuation of suspension of the customs broker licence beyond the prescribed period for completion of enquiry proceedings under the Customs Brokers Licensing Regulations, 2013 was sustainable.

Analysis: The proceedings against the customs broker had remained pending for about 14 months from receipt of the offence report, whereas the regulatory framework contemplated completion of the enquiry within an overall period of 9 months. The regulations contained no provision for extension of the prescribed timeline. In these circumstances, continued suspension of the licence for an unlimited period was found to be impermissible. The Tribunal also followed its earlier consistent view that suspension could not be maintained when the enquiry was not concluded within the prescribed period.

Conclusion: The continuation of suspension was unsustainable and was set aside in favour of the appellant.

Ratio Decidendi: Where the prescribed period for completion of customs broker proceedings has expired and no extension is provided by the governing regulations, continued suspension of the licence cannot be sustained.

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