2018 (5) TMI 929

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....ted 26.02.2015 filed for renewal of their Customs Broker Licence. Aggrieved by the decision, present appeal has been filed. 3. With the above background, we heard Dr. Prabhat Kumar, ld. Advocate for the appellant and Sh. Rakesh Kumar, ld. AR for the Revenue. 4. Ld. Advocate submitted that the ld. Commissioner has refused to renew the licence under Regulation 9(2). The wording of Regulation 9(2) is as under: "The Commissioner of Customs may, on an application made by the licensee before the expiry of the validity of the license under sub-regulation (1), renew the license for a further period of ten years from the date of expiration, if the performance of the licensee is found to be satisfactory with reference, inter alia, to t....

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....n fraudulent exports. Such penalties imposed are to be considered as instances of misconduct and in terms of Regulation 9(2), the Commissioner was within his right not to renew the licence. 6. Heard both sides and perused record. 7. The Customs Broker Licence issued to the appellant came up for renewal after completing the ten years validity, on 03.04.2015. The said Customs Broker Licence was already revoked by the licensing authority under Regulation 18 of the CBLR, 2013, but such revocation was set aside in appeal by CESTAT vide final order dated 13.04.2016. ld. Advocate for the appellant, to a query from the Bench asserted that no other proceedings stand initiated against the appellant under CBLR, 2013. The adjudicating authority h....