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2022 (12) TMI 490 - HC - CustomsRevocation of CB license - Mis-declaration of value of goods - the stand of the Respondent before the authorities below consistently had been that it had verified the credentials of the IEC holder from the website of the DGFT and that the KYC documents were accordingly scrutinized as per its obligations in terms of the CBLR, 2013 - Whether the CESTAT is right in law in allowing the appeal of the CB being the first breach irrespective of the contravention of provisions of Regulations of the Customs Brokers Licensing Regulations and gravity of the offence? HELD THAT:- The doctrine of proportionality is a well recognized concept of judicial review which Courts invoke to test the punishments imposed which are disproportionate to the alleged misconduct. In RANJIT THAKUR VERSUS UNION OF INDIA AND ORS [1987 (10) TMI 374 - SUPREME COURT], the Apex Court, while testing the imposition of punishment on the principle of proportionality held that The doctrine of proportionality, as part of the concept of judicial review, would ensure that even on an aspect which is, otherwise, within the exclusive province of the Court- Martial, if the decision of the court even as to sentence is an outrageous defance of logic, then the sentence would not be immune from correction. Irrationality and perversity are recognised grounds of judicial review. Since the facts and issues involved in the that case are not different from the one which we are concerned with in the present case, there are no justification or reason to take a different view in this case than the one taken in the case of Unnati Shipping. Although the Respondent failed to discharge its obligation under CBLR, 2013, yet it cannot be denied that efforts were made by the said Respondent to discharge a part of its obligations under the said Regulations and, therefore, the Order with regard to revocation of the Broker Licence would be excessive in the facts and circumstances of the case - Appeal dismissed.
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