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2019 (3) TMI 1101 - AT - CustomsRenewal of CHA License - Regulation 9(1) of CBLR 2013/2018 - Export of prohibited item - Red sanders - Held that:- Actually lapse was noticed on the part of the M/s Vinayak Cargo appellant, it is merely due to the benefit of his long existence as CHA and that the lapse being first that the licence was not revoked. Hence to our opinion these finding cannot be made the basis to extend benefit to the favour of the appellant with reference to present adjudication. The fact remains is that appellant/CHA has once been imposed with penalty, his licence remained suspended in case of export of prohibited red sanders vide consignment of M/s Bhavya Exports. For seeking renewal the performance of the licensee has to be found satisfactory with reference, inter alia, to the obligations specified in the Regulations including, the absence of instances of any complain of misconduct. The time limit of one month from the date of receipt of application is only with respect of any other complaint of misconduct then the violation of the obligations specified in this Regulation. Hence, the argument of the appellant about the order penalising him with the penalty of rupees Twenty Five Thousand is beyond the one month, is not sustainable - The penalty has been imposed under Regulation 11 (a) (d) and (m) for CBLR 2013 same is sufficient to hold the CHA had not satisfactorily observed the obligations of the impugned Regulations the same is a definite basis for the competent authority to arrive at a satisfaction for the application to be entitled for renewal of CHA licence. The above noticed violation on the part of the appellant and the imposed penalty upon him, to our opinion, is sufficient for the Principal Commissioner or Commissioner of Customs, whom the application for renewal of licence was made, to reject the same. Proviso 2 Rule 9 of CBLR 2018 mentions that renewal procedure of the license CHA shall be in accordance with the procedure specified in sub Regulation 2 thereof. Perusal of said sub Regulation 2, makes it clear that there is no specific procedure of the application except that while granting the license the competent authority has to be satisfied about the performance of the CHA during the period of his previous license for properly observing the obligations specified in this Regulations. Thus, irrespective of Regulation 9 being silent about the applicability of Regulation 5 CBLR as far as the conditions to be fulfilled by the applicants for the licensee to act as a Customs Broker in a Custom conditions are concerned. Appeal dismissed - decided against appellant.
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