2024 (8) TMI 272 - HC - Customs

Customs broker license suspension revocation doesn't prevent penalty proceedings under Regulation 17

The Delhi HC dismissed an appeal challenging the revocation of a customs broker license and penalty imposition. The court held that revocation of license ... Revocation of Custome Broker license - levy of penalty - no new material gathered during the inquiry - HELD THAT:- The mere fact that the suspension of license had come to be revoked, cannot possibly be viewed as restricting the respondents from proceeding further in accordance with Regulation 17. As is manifest from the provisions made for the suspension of license, the same is liable to be invoked where the authorities be of the opinion that immediate action is warranted. Such an order of suspension is liable to be either revoked or continued dependent upon the circumstances which may prevail and as contemplated under Regulation 16 (2). Merely because the suspension of that license was revoked, the same would not interdict the conclusion of the inquiry for imposition of penalty as contemplated in terms of Regulation 17. There are no ground to interfere with the view as expressed by CESTAT - appeal dismissed. Issues:1. Appeal under Section 130 of the Customs Act, 1962 questioning the decision of the Customs, Excise & Service Tax Appellate Tribunal (CESTAT) dated 10 January 2024.2. Imposition of penalty unjustified due to lack of new material gathered during the inquiry.3. Compliance with principles of natural justice in the proceedings under the Customs Broker Licensing Regulations, 2013.4. Breach of Regulations 10 (d) and 10 (e) leading to penalty considerations.5. Commissioner's balanced view on penalty imposition and license revocation.6. Interpretation of Regulations regarding suspension and imposition of penalties.Analysis:1. The appeal challenged the decision of CESTAT affirming the Commissioner of Customs' decision to absolve the appellant from license revocation, imposing a penalty of INR 50,000. The argument centered on the lack of new material gathered during the inquiry, deeming the penalty unjustified.2. The compliance with principles of natural justice was scrutinized, with the Commissioner and CESTAT considering the appellant's submissions and representations throughout the proceedings. The inquiry involved statements from relevant individuals, leading to a conclusion that the principles of natural justice were followed.3. The breach of Regulations 10 (d) and 10 (e) was established, leading to penalty considerations. CESTAT concluded that the appellant failed to comply with the obligations under the Regulations, warranting a penalty. The penalty imposed was deemed sufficient to act as a deterrent for future compliance.4. The Commissioner's balanced view on penalty imposition and license revocation was highlighted. The decision to refrain from revoking the license and instead imposing a penalty of INR 50,000 was considered fair and balanced, aiming to deter future violations while not excessively penalizing the appellant.5. The interpretation of Regulations regarding suspension and imposition of penalties was clarified. The suspension of a license, even if revoked, does not restrict authorities from proceeding with penalty considerations under Regulation 17. The inquiry for penalties can continue even after the suspension is lifted.6. Ultimately, the High Court found no grounds to interfere with CESTAT's decision. The appeal was dismissed, upholding the Commissioner's decision on penalty imposition and license revocation. The judgment emphasized the importance of compliance with regulations and the balanced imposition of penalties in such cases.