Mandatory ninety-day limit for customs broker licence revocation was breached, rendering the revocation order unsustainable.

A Customs Broker's licence revocation was held unsustainable because the order was passed beyond the mandatory ninety-day period counted from submission of the inquiry report under the Customs Brokers Licensing Regulations, 2018. The Regulations required the Commissioner to act within that time frame, and no saving clause was available to extend it. Since the revocation order was issued after expiry of the prescribed period, the time violation vitiated the order and it was set aside, with consequential relief following to the appellant.

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Issues: Whether the impugned order revoking the Customs Broker's licence was vitiated for having been passed beyond the ninety-day period prescribed after submission of the inquiry report under the Customs Brokers Licensing Regulations, 2018.

Analysis: The inquiry report was submitted on 28.03.2022, while the order revoking the licence was passed on 16.08.2022. Regulation 17(7) required the Principal Commissioner or Commissioner of Customs to pass an order revoking suspension or revoking the licence within ninety days from the date of submission of the inquiry report. No saving clause was found in the Regulations to extend the prescribed time limit. The delay crossed the statutory period by more than thirty days and constituted a clear time violation.

Conclusion: The revocation order was unsustainable for breach of the mandatory ninety-day time limit and was set aside in favour of the appellant.

Final Conclusion: The appeal succeeded and the impugned order of revocation did not survive, leaving the appellant entitled to consequential relief according to law.

Ratio Decidendi: Where the Customs Brokers Licensing Regulations prescribe a mandatory period for passing an order after submission of the inquiry report, non-compliance with that time limit vitiates the revocation order in the absence of any saving provision.

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