2018 (6) TMI 1024

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....mmissioner of Customs (General), Mumbai and appeal is directed against that suspension. 2. Narrating the background, Learned Counsel for appellant submitted that the licence was suspended on 9th June 2017 following the report of alleged involvement of the broker in certain illegal imports effected at Air Cargo Complex, Chatrapati Shivaji International Airport, Mumbai received on 17th May 2017. The confirmation of suspension in the impugned order is challenged on the ground that the action was not in conformity with timelines prescribed by Central Board of Excise & Customs in circular no. 9/2010- Cus dated 8th April 2010 for issue of suspension order within fifteen days of incident report, for grant of post-decisional hearing within the suc....

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....ers Licensing Regulations, 2013. 5. The gap between the incident report and the suspension was twenty-three days, post-decisional hearing followed within twenty-eight days therefrom and the suspension was confirmed seven days later - the entire exercise was spread over a total of fifty-eight days which, according to Learned Counsel, is not in conformity with the circular cited supra. We take note that the post-decisional hearing scheduled for 16th June 2017 could be held only on 7th July 2017 owing to difficulties expressed by the appellant. Though the order of suspension was passed a few days beyond the time-limit specified in the circular, the total time for the confirmation of suspension would have otherwise been well within the time-fr....

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.... subregulation (1), the Commissioner of Customs shall, within fifteen days from the date of such suspension, give an opportunity of hearing to the Customs Broker whose licence is suspended and may pass such order as he deems fit either revoking the suspension or continuing it, as the case may be, within fifteen days from the date of hearing granted to the Customs Broker : Provided that in case the Commissioner of Customs passes an order for continuing the suspension, the further procedure thereafter shall be as provided in regulation 20." 7. From this, it is clear that the licensing authority is vested with the discretion to suspend if warranted. A justifiable challenge to suspension can arise if the time-lines for post-decisional hearing....