2018 (9) TMI 1603

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....t their consent or knowledge. Upon such complaint, show cause notice dated 7.9.2017 was issued to the appellant stating that one of the Bills of Entry was filed by them. Thereafter, Prohibition Order dated 14.12.2017 was issued prohibiting the appellant from working in any sections of the Chennai Customs station under the jurisdiction of Chennai Customs Zone. Aggrieved, the appellant is now before the Tribunal. 2. On behalf of the appellant, Dr. S. Krishnanandh, ld. counsel appeared and argued the matter. He adverted to para 7 of the show cause notice dated 7.9.2017 and argued that even as per the show cause notice, it is stated that authorization letter was given by M/s. Niti Traders to appellant to file the Bill of Entry. Further, it i....

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....n the case of M/s. Concorde Zoom vide Final Order No. 41081/2018 dated 2.4.2018 was relied by the appellant to argue that the prohibition order issued under Regulation 23 cannot be allowed to continue so as to prevent the customs broker from functioning interminable without following any principle of natural justice or comply with Regulation 20 of the said Regulation. 3. The ld. AR Ms. Usha Devi supported the findings in the impugned order. She submitted that the complaint given by M/s. Niti Traders was accompanied by documents which showed that one of the Bills of Entry was filed in which the IE Code of M/s. Niti Traders was mentioned was filed by the appellant. The appellant had not got any authorization from Niti Traders and therefore....

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.... "23. Prohibition Notwithstanding anything contained in these regulations, the Commissioner of Customs may prohibit any Customs 6 Broker from working in one or more sections of the Customs Station, if he is satisfied that such Customs Broker has not fulfilled his obligations as laid down under regulation 11 in relation to work in that section or sections." 6.3 Discernably, Regulation 23 is a provision to take immediate action against a Customs Broker on whom there is a reasonable belief of having fallen foul of the CBLR Regulations. The Regulation however allows the competent authority to prohibit the customs broker to function only at one or more sections of the customs station. Surely, this prohibition cannot be extended to all the se....