2018 (1) TMI 835

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.... to forthwith renew the licence issued to the petitioner by exercising the powers under the Customs Brokers Licensing Regulations, 2013 by considering the petitioner's application and renew the licence for a period of ten years from 04.01.2018. This is the third occasion the petitioner is before this court for some what a similar relief pertaining to the renewal of their customs brokers licence. 3. The first of the writ petitions was W.P.No.38359 of 2015, wherein the petitioner sought for a similar relief of renewal of licence. The respondents took a stand that a show cause notice dated 15.02.2012, has been issued not only to the petitioner, but also the importer as well as the owner of the containers by invoking the power under Sect....

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.... Additional Commissioner of Customs (MCD), Customs House, Chennai shall complete the adjudication of the show cause notice dated 15.02.2012 after affording a fresh opportunity of personal hearing to the petitioner. No costs. Consequently, connected Miscellaneous Petition is closed." 4.Subsequently, the petitioner came before this Court for an identical relief for renewal for a period of ten years from 04.07.2017, by filing a writ petition in W.P.No.16880 of 2017. The said writ petition was disposed of by order dated 04.07.2017, by directing the Additional Commissioner of Customs (Imports) to pass final orders on the show cause notice dated 15.12.2012, and made it clear that the issue as to whether the petitioner is entitled for renewal o....

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....itioner's application for renewal for a period of six months. 7.In my considered view, the Department should take an appropriate stand in the matter in extending the licence of the petitioner for a shorter period, when the petitioner, in terms of the regulations, is entitled for renewal up to ten years. As on date, the order imposing penalty of Rs. 43,00,000/- is yet to attain finality, as the revision application is pending before the Central Government. Even earlier, when the matter was at show cause notice stage, this Court held that the same cannot be put against the petitioner for being disentitled for renewal. 8.Admittedly, no action has been taken by the Department under the Customs Brokers Licensing Regulations, 2013 again....