2015 (12) TMI 531

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....: Shri V K Singh, Consultant For the Respondent : Shri S J Sahu, AC, AR ORDER Per: P S Pruthi: The appellant, a customs broker, is in appeal against the impugned order dated 30.7.2014 passed by the Commissioner of Customs (Gen), Mumbai ordering continuing suspension of their customs broker licence and order dated 11.09.2014 continuing the suspension. 2. Investigation conducted by Cu....

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....ssioner of Customs vide order dated 30.07.2014 suspended the licence of the appellant under Regulation 19(1) for violation of Regulations 10, 11(a), 11(d) and 11 (n) of the Customs Broker Licence Regulations, 2013 (CBLR). 3. We have perused the records and considered the submissions of both sides. 4. It is seen that the suspension of licence is in relation to imports which had taken place du....

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....s. It is also stated in the appeal that the main investigation under the Customs Act in respect of the disputed consignment is still pending. Therefore, we are of the view that the suspension of licence many months after the imports is not warranted. 5. We also note that under Regulation 21, the Commissioner of Customs is required to issue a notice in writing to the Customs Broker within a peri....

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....dras in the case of CC (Seaport Import), Chennai vs. CESTAT, Chennai 2014 (310) ELT 673 (Mad.) that a joint reading of erstwhile Regulations 20 & 22 (now Regulations 19 & 20) leads to the inference that the order of suspension passed under 20(2) ibid and its continuation under Regulation 20(3) ibid is only an interim measure and the authority has to take further steps i.e. suspend the licence perm....