2025 (6) TMI 1367 - AT - Customs

Continued suspension of the appellant s Customs Broker License under Regulation 16(2) of the Customs Brokers Licensing Regulations 2018 - time limitation for maintainability of SCN - whether the proceedings as well as the interim proceeding of suspension challenged herein survive if the SCN has been issued beyond the mandated period stipulated in Regulation 17(1) of the CBLR 2018? HELD THAT - On a perusal of the CBLR 2018 notified vide Notification No.41/2018-Customs (N.T) dated 14th May 2018 in supersession of the CBLR 2013 dated 21st June 2013 it is seen that Regulation 14 empowers the Principal Commissioner or Commissioner of Customs to revoke the license of a Customs Broker and order for forfeiture of part or whole of security on any of the grounds stipulated therein subject to the provisions of Regulation 17. The proviso to Regulation 16(2) stipulates that in case the Principal Commissioner of Customs or Commissioner of Customs as the case may be passes an order for continuing the suspension further procedure thereafter shall be as provided in regulation 17. Regulation 17 of CBLR 2018 which prescribes the procedure for revoking license or imposing penalty at Regulation 17(1) of CBLR ibid stipulates that the Principal Commissioner of Commissioner of Customs shall issue a notice in writing to the Customs Broker within a period of ninety days from the date of receipt of an offence report stating the grounds on which it is proposed to revoke the license or impose penalty requiring the said Customs Broker to submit within thirty days to the Deputy Commissioner of Customs or Assistant Commissioner of Customs nominated by him a written statement of defense and also to specify in the said statement whether the Customs Broker desires to be heard in person by the said Deputy Commissioner of Customs or Assistant Commissioner of Customs. When the mandate of Regulation 17(1) is that the Principal Commissioner of Commissioner of Customs shall issue a notice in writing to the Customs Broker within a period of ninety days from the date of receipt of an offence report evidently the SCN No.09/2025 dated 17-03-2025 issued is beyond 90 days from 09.12.2024 the date of receipt of the offence report. The show cause notice ought to have been issued on or before 08.03.2025 which is the 90th day from the date of receipt of the offence report. Therefore the show cause notice has clearly been issued beyond the time limit prescribed in the regulation 17(1) ibid. The time period for issuance of show cause notice prescribed in Regulation 17(1) is mandatory and that in the instant case the Principal Commissioner of Customs has not issued the show cause notice No.09/2025 dated 17-03-2025 within a period of ninety days from the date of receipt of an offence report which is the period of limitation prescribed under Regulation 17(1) of the CBLR 2018. In as much as we have now taken cognizance of the issuance of the said SCN No.09/2025 dated 17-03-2025 the SCN having been issued beyond the period of limitation is without jurisdiction and thus being non-est in law is not maintainable. Conclusion - The proceedings initiated under the impugned order of continued suspension which is prior to the consequential proceedings under Regulation 17 calling upon the appellant to show cause does not have an independent continued existence and therefore cannot sustain. Appeal allowed.

Summary

The core legal questions considered by the Tribunal include:

1. Whether the continued suspension of the appellant's Customs Broker License under Regulation 16(2) of the Customs Brokers Licensing Regulations, 2018 (CBLR 2018) was justified.

2. Whether the show cause notice (SCN) issued under Regulation 17(1) of the CBLR 2018 was maintainable, given the time limits prescribed therein.

3. Whether the failure to issue the SCN within the stipulated 90-day period from the date of receipt of the offence report renders the proceedings and consequent suspension invalid.

4. The applicability and effect of precedents concerning the mandatory nature of limitation periods in Customs Broker License revocation proceedings.

Issue-wise Detailed Analysis

Issue 1: Justification for Continued Suspension under Regulation 16(2) of CBLR 2018

Legal Framework and Precedents: Regulation 16(1) authorizes the Principal Commissioner of Customs to suspend a Customs Broker License if immediate action is necessary to prevent misuse. Regulation 16(2) provides for continuation of such suspension pending further proceedings under Regulation 17. The appellant's license was initially suspended on the basis of an offence report alleging production of a tampered and fake self-sealing permission letter during export clearance.

Court's Reasoning and Findings: The suspension was based on an offence report dated 05.12.2024 and was continued by the Principal Commissioner's order dated 03.02.2025. The appellant admitted that manipulation was done by its staff without the knowledge of immediate superiors and took internal disciplinary action. The Principal Commissioner viewed this as a failure to fulfill responsibilities under CBLR 2018, warranting suspension to prevent further misuse.

Application of Law to Facts and Treatment of Arguments: The appellant argued that the suspension was unjustified, citing its unblemished record and the existence of an arguable case on merits. However, the Tribunal noted that the suspension was an interim protective measure pending final adjudication under Regulation 17 and thus was within the regulatory framework.

Conclusion: The initial suspension and its continuation were prima facie justified under Regulation 16(2) pending further proceedings.

Issue 2: Maintainability of the Show Cause Notice Issued Beyond the 90-Day Period under Regulation 17(1)

Legal Framework: Regulation 17(1) mandates that the Principal Commissioner or Commissioner of Customs must issue a written show cause notice to the Customs Broker within 90 days from the date of receipt of the offence report, specifying grounds for revocation or penalty and allowing a defense submission within 30 days.

Facts and Evidence: The offence report was received on 09.12.2024. The SCN was issued on 18.03.2025, which is 98 days later, thus beyond the 90-day limit.

Court's Interpretation and Reasoning: The Tribunal emphasized the mandatory nature of the 90-day limitation period under Regulation 17(1), relying heavily on binding precedents from the Honourable Madras High Court. The Court reproduced relevant paragraphs from a 2017 High Court judgment which held that failure to issue the SCN within the prescribed period renders the proceedings unlawful and without jurisdiction.

Application of Law to Facts: Applying the above, the Tribunal concluded that the SCN issued beyond 90 days was without jurisdiction and hence not maintainable. This invalidates the consequential proceedings including the continued suspension under Regulation 16(2), as such suspension does not have an independent existence apart from the final proceedings initiated by the SCN.

Treatment of Competing Arguments: The appellant's counsel argued the SCN was issued beyond limitation and thus void; the respondent reiterated the findings in the impugned order but did not contest the limitation issue effectively. The Tribunal sided with the appellant based on legal precedent and statutory interpretation.

Conclusion: The SCN issued beyond the prescribed 90-day period is null and void, and all consequential proceedings, including suspension continuation, cannot be sustained.

Issue 3: Effect of Precedents on the Mandatory Nature of Limitation Periods in Customs Broker License Proceedings

Relevant Precedents: The Tribunal cited multiple High Court decisions affirming that limitation periods under Customs Brokers Licensing Regulations and similar statutes are mandatory and not directory. The 2017 Madras High Court judgment in Santon Shipping Services v. Commissioner of Customs was pivotal, holding that issuance of show cause notices beyond 90 days is unlawful and vitiates all subsequent proceedings.

Court's Reasoning: The Tribunal adhered to the principle that procedural timelines in regulatory frameworks are mandatory to ensure fairness and prevent abuse of process. It rejected any argument that merits or other considerations could override the limitation requirement.

Application: The Tribunal applied these principles to the instant case, finding the delay in issuing the SCN fatal to the validity of the entire action against the appellant.

Conclusion: The mandatory nature of the 90-day limitation period is firmly established and determinative in this case.

Issue 4: Interrelation Between Interim Suspension and Final Proceedings

Legal Framework: Regulation 16(2) states that continuation of suspension is subject to further procedure under Regulation 17, which governs final revocation and penalties.

Court's Reasoning: Since the final proceedings under Regulation 17 (via the SCN) are invalid due to being time-barred, the interim suspension cannot subsist independently.

Conclusion: The continuation of suspension loses its legal basis once the final show cause proceedings are held invalid.

Significant Holdings

"We hold that the time period for issuance of show cause notice prescribed in Regulation 17(1) is mandatory and that in the instant case the Principal Commissioner of Customs, has not issued the show cause notice No.09/2025 dated 17-03-2025 within a period of ninety days from the date of receipt of an offence report, which is the period of limitation prescribed under Regulation 17(1) of the CBLR 2018."

"The show cause notice having been issued beyond the period of limitation, is without jurisdiction and thus being non-est in law, is not maintainable."

"The proceedings initiated under the impugned order of continued suspension, which is prior to the consequential proceedings under Regulation 17 calling upon the appellant to show cause, does not have an independent continued existence and therefore cannot sustain."

"All such proceedings are hereby ordered to be ceased forthwith."

The Tribunal established the core principle that procedural timelines under Customs Brokers Licensing Regulations are mandatory and failure to comply renders subsequent actions invalid. The final determination was that the continuation of suspension and the show cause proceedings were invalid due to the SCN being issued beyond the statutory 90-day period, leading to the setting aside of the impugned order and cessation of all proceedings against the appellant.