TaxTMI 
TaxTMI 
TaxTMI 
2023 (2) TMI 551
X X X X Extracts X X X X
X X X X Extracts X X X X
....and Exports (Clearance) Regulations 1998. The Petitioner is aggrieved by the orders passed by the Commissioner of Customs, Airport Special Cargo dated 19 August 2019 and 30 September 2019 refusing to renew the registration of the Petitioner. 3. The registration and recognition of a courier as 'authorized courier' is regulated by the Courier Imports and Exports (Clearance) Regulations 1998 and the Courier Imports and Exports (Electronic Declaration and Processing) Regulations, 2010. These Regulations have been issued pursuant to the powers vested under section 157 of the Customs Act. The Regulations of 2010 define 'authorized courier' under Regulation 3(b) as a person in relation to import and export of goods, as a person engaged in the int....
X X X X Extracts X X X X
X X X X Extracts X X X X
....der dated 27 January 2022 holding that it is not maintainable, after which the Petitioner is before us. 5. We have heard Mr.Prakash Shah, learned counsel for the Petitioner and Mr.Karan Adik, learned counsel for the Respondents. 6. Apart from the contention of the Petitioner that the appeal was maintainable, it is also sought to be contended that while refusing to issue the license or renew the license, no opportunity of any hearing was given to the Petitioner. The Petitioner has relied upon decision of the Division Bench of this court in the case of A.S.Vason and sons Vs. Union of India 2009(238) ELT 217(Bom.). The learned counsel for the Respondents contended that in the case of A.S. Vason and sons the Petitioner therein had sought hear....
X X X X Extracts X X X X
X X X X Extracts X X X X
....eriod of three months: Provided that the Commissioner of Customs may extend the said period which shall not exceed a period of nine months. Provided further that nothing contained in this sub-regulation shall apply in respect of condition prescribed under sub-regulation (2) of regulation 8. (5) The registration granted under sub-regulation (3) shall be valid for a period of ten years. (6) The Commissioner of Customs may, if he finds that the applicant has been convicted in any court of law, or any criminal proceedings are pending before any court of law against the applicant, reject an application filed for registration of Authorised Courier. (7) The Authorised Courier, who is registered under sub regulation (1) or sub regula....
X X X X Extracts X X X X
X X X X Extracts X X X X
....y of the obligation under the Regulation 12. 8. In this context, the observations of the Division Bench in the case of A.S. Vasan and sons are pertinent. In this case a courier who was aggrieved by non-renewal under the Regulations of 2010 had approached this court. Allowing the challenge on the ground of lack of hearing, the Division Bench observed that there can be no dispute that the order rejecting application has visited the petitioner with civil consequences. In a case where an order whether it be administrative or quasi judicial, visits the party with civil consequences in absence of any statutory exclusion under the Regulations, there would be a right to a hearing, and the right to hearing would include right to a person being hear....
X X X X Extracts X X X X
X X X X Extracts X X X X
....time over a long period and then not renewed. 11. The Petitioner was an authorized courier for almost 25 years and the registration was renewed from time to time. Petitioner states that it has invested substantial amounts towards the business. Therefore, the non-renewal clearly had civil consequences and severe implications for the Petitioner. In these circumstances the petitioner was entitled to an opportunity to explain before taking the impugned decision. The decision taken without giving opportunity to explain will thus have to be set aside. Non-renewal therefore had serious implications for the Petitioner. We therefore are of the opinion that the view taken by the Division Bench in the case of A.S.Vasan and sons should also be extende....