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2015 (10) TMI 97 - AT - CustomsDenial of renewal of Customs Broker License - Held that:- When the appellant made application on 22.5.2014 before Customs for requesting for renewal the same was kept pending. We find that when the appellant filed writ petition and the Hon'ble High Court in their order directed the respondent i.e. Commissioner of Customs to consider their application on merits within four weeks. It is pertinent to see that it is only after the Hon'ble High Court direction in the above order the authority has considered the application and denied the renewal. It is needless to say that when a Lower Authority was directed by the High Court to decide the application, the Commissioner of Customs being respondent in the said High Court order should have signed and issued the said order in this case whereas we find there is not even any mention of the High Court order in the said letter signed by the Deputy Commissioner of Customs and issued in a routine manner communicating the Commissioner's decision of denial of renewal of licence. Valid reason or any new grounds made out for denial for renewal of licence. Instead the same findings and allegations are made in para 3 to 5 of the OIO dt. 30.4.04 of revocation of licence were reproduced in the said order and based on this came to conclusion that CHA appellant's antecedents are not satisfactory. Once the order is stayed absolutely by Hon'ble High Court and court is yet to decide the writ petition, it cannot be termed as "adverse antecedents" unless and until the writ petition is disposed by the Hon'ble High Court. In view of the above facts and also considering the LAA had renewed the licence 14 times since 2006, we are of the considered view that CHA licence merits renewal - Decided in favour of appellant.
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