2022 (4) TMI 1005 - AT - Customs

Unjust Decision Overturned: Lack of Evidence and Unfair Treatment in Customs License Revocation

M/s Perfect Cargo & Logistics Versus Commissioner of Customs, New Delhi (Airport and General)

M/s Perfect Cargo & Logistics Versus Commissioner of Customs, New Delhi (Airport and General) - 2022 (382) E.L.T. 126 (Tri. - Del.) Issues:Revocation of Customs Broker License and imposition of penalty based on alleged violation of Regulation 10(n) of Customs Broker Licensing Regulation, 2018.Analysis:The appeal challenged an Order in Original revoking the Customs Broker License of the Appellant, M/s. Perfect Cargo and Logistics, and imposing a penalty of Rs. 50,000. The impugned order was based on the Directorate General of Analytics and Risk Management (DGARM) identifying risky exporters involved in IGST refund frauds, some of whom were untraceable, and processed by the Appellant. The Show Cause Notice (SCN) alleged contravention of Regulation 10(n) of CBLR, 2018. An Inquiry Officer's report confirmed the existence of exporters but found them non-existent based on DGARM's communication. The Commissioner concluded non-compliance with Regulation 10(n) and revoked the license. The Appellant argued compliance with requirements and submission of documents during adjudication.The central question was whether the Revenue proved the alleged violation of Regulation 10(n) and justified revocation and penalty. The SCN lacked supporting documents, and no evidence was presented during proceedings. The Inquiry Officer's report and the impugned order heavily relied on DGARM's communication without sharing details or documents with the Appellant. The Commissioner's decision lacked conclusive evidence, solely based on DGARM's communication, raising doubts about the fairness of the process.The absence of details on how DGARM concluded the exporters did not exist, lack of physical verification, and failure to provide supporting evidence undermined the case against the Appellant. The Commissioner's reliance on inconclusive evidence and hasty decision-making deprived the Appellant of due process and livelihood. The impugned order was deemed unjust and set aside, with directions to restore the Customs Broker license promptly.In conclusion, the judgment highlighted procedural flaws, lack of evidence, and unfair treatment towards the Appellant, leading to the reversal of the revocation and penalty. The case underscored the importance of due process, evidence-based decision-making, and fairness in regulatory actions affecting livelihoods and businesses.