2016 (4) TMI 720

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e Petitioner : Dr. Prabhat Kumar, Advocate For the Respondent : Shri R K Garg, DR ORDER PER B RAVICHANDRAN: The appellant, a licensed Customs Broker, is before us against the order dated 20.11.15 of Commissioner of Customs (Gen), New Delhi confirming the suspension of Customs Broker license of the appellant. 2. Brief facts of the case are that the G Card holder employee of the appel....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... 4. Learned Counsel for the appellant elaborated on each of the above grounds. 5. Learned AR reiterated the findings in the impugned order and submitted that the appellant cannot be given any relief now in the absence of completion of full inquiry and initiation of proceedings against them. The admitted facts of the case are that the role of G Card Holder (Shri Sharafat Hussain) has not be....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....016 (334) ELT 124 (Tri-Chennai), the Tribunal followed the earlier decision in Manjunatha Shipping Services vs. Commissioner [2014 (313) ELT 226 (Tri)] wherein it was held as follows: "9. Regulation 22(1) is applicable for issuing both suspension order and revocation order. However Regulation 20(2) authorizes the Commissioner of Customs to suspend the licence of a CHA in emergent situatio....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

..... The time limit prescribed in CBLR is held to be mandatory. In Buhariwala Logistics vs. CC, New Delhi [2016 (331) ELT 633 (Tri-Del)] the Tribunal examined the liability of CHA with reference to fraudulent activity undertaken by employee and G card holder of such CHA. The Tribunal held that if the employee had suo moto acted on his own for personal benefit beyond the scope of duty, the employer ca....