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Issues: Whether the G-card holder's debarment could exceed the period contemplated under the Customs Brokers Licensing Regulations, 2018, and whether the penalty imposed under the regulations required modification.
Analysis: The appellant's involvement was found on the basis of an un-retracted statement and the record indicated assistance in uploading documents for the export consignments. However, the proceedings did not establish a sufficient nexus between the G-card holder and the Customs Broker for fastening the consequences of the impugned order in the manner adopted by the authority. Regulation 17(9) of the Customs Brokers Licensing Regulations, 2018 contemplates debarment from transacting business for a limited period, while Regulation 18 prescribes the penalty framework and caps the monetary penalty on a G-card holder.
Conclusion: The debarment could not be continued beyond the statutory period and the G-card was directed to be restored. The penalty was reduced to the statutory maximum applicable to a G-card holder under Regulation 18.
Final Conclusion: The impugned order was modified in favour of the appellant by restoring the G-card and scaling the penalty down to the amount permitted by the governing regulations.
Ratio Decidendi: Where the governing regulations prescribe a limited debarment period for a G-card holder and a specific monetary penalty cap, any longer debarment or higher penalty cannot be sustained absent legally adequate linkage and authority under the regulations.