2026 (8) TMI 1453

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....m an investigation by the DRI, Chennai Zonal Unit, into the import of PVC flex banners of Chinese origin through Malaysia. It was found that the respondent, a licensed Customs Broker holding Licence No. R-235/CHA, had facilitated the clearance of such goods through Chennai Seaport for various importers, including M/s. Krishna Tarpaulin Industries Pvt. Ltd. and others. During a search of the respondent's premises, documents relating to these clearances were seized under mahazar dated 03.07.2013. On completion of investigation, it was alleged that the respondent had not obtained authorisations from the actual IEC holders and had thereby facilitated the misuse of IECs by unauthorised persons, in violation of the obligations under the CBLR, 201....

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....ed the grounds of appeal and the submissions on record. The proceedings under the CBLR are disciplinary in character and are intended to ensure compliance with the statutory obligations governing Customs Brokers. The Original Authority, having examined the material on record, is competent to assess the evidence and determine the appropriate consequence of any established breach. Unless such exercise of discretion is shown to be arbitrary, perverse or contrary to law, the appellate forum would not substitute its own view merely because another view is possible. 5. The Hon'ble Supreme Court in Shri Parma Nanda Vs State of Haryana [1989 (2) SCC 177] has held that interference in disciplinary matters is confined to the well-recognised limits....