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2016 (6) TMI 752 - HC - CustomsRenewal of Customs Brokers License - application for renewal of the Customs Broker licence is not being considered by the commissioner since the penalty was imposed on the Managing Director of the company - Held that:- Regulation 5 of the Regulations only provides that the applicant for a licence to act as a Customs Broker in a Customs Station, shall not be a person on whom penalty has been imposed under the Customs Act, Central Excise Act and the Finance Act. The respondents have no case that any penalty has been imposed on the petitioner company. Mr. Bethusami Bethuraj on whom penalty was imposed as per Ext.P1 order is the Managing Director of the company. Mr. Bethusami Bethuraj is only an officer of the company. As such, refusal to deny renewal of the licence sought by the petitioner on the ground that penalty was imposed on its Managing Director cannot be sustained. The regulations do not prescribe any qualification or disqualification for the officers of companies/firms other than the partner or director or the authorised employee who is handling the customs work. - the writ petition allowed. - the first respondent to consider the application for renewal of licence submitted by the petitioner and grant the renewal sought by the petitioner if their application is otherwise in order. - Decided in favor of petitioner.
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