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2024 (1) TMI 191 - AT - Customs


Issues involved: Appeal against the continuation of suspension of Customs Broker's license under Regulation 16(2) of the Customs Brokers Licensing Regulations (CBLR), 2018.

Summary:

Issue 1: Validity of the impugned order of continuation of suspension

The appeal was filed challenging the Order dated 03.02.2021 which ordered the continuation of suspension of the appellant's license. The main issue before the Tribunal was whether this order was justified. The facts presented in the impugned order were not disputed, indicating the existence of an offence report and inquiry proceedings under Regulation 17 of the CBLR, 2018. A Show Cause Notice was issued, and an Inquiry Officer was appointed. However, the Inquiry Officer's report dated 03.11.2021 concluded that the charges against the appellant were inconclusive due to insufficient details.

Issue 2: Compliance with Regulation 17(7) and legal validity of the suspension

The impugned order of suspension was dated 03.02.2021, while the inquiry report was dated 03.11.2021. Regulation 17(7) required a decision to be made within ninety days from the submission of the report. The Tribunal noted the absence of any order complying with Regulation 17(7) to either revoke the suspension or the license. The Inquiry Officer's inability to draw conclusions against the appellant and the lack of legal compliance to justify the suspension were highlighted. Consequently, the Tribunal found no merit in the impugned order and set it aside, allowing the appeal.

In conclusion, the Tribunal ruled in favor of the appellant, setting aside the impugned order of continuation of suspension of the Customs Broker's license.

 

 

 

 

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