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2018 (5) TMI 360 - AT - CustomsContinuation of prohibition of CHA licence - impugned order prohibited the appellants under Regulations of CBLR, 2013 from working in any sections of the Chennai Customs station under the jurisdiction of Chennai Customs Zone - Shipping Bills filed in respect of goods which were found to be sub-standard/inferior quality/rags allegedly with an intention to claim undue drawback. Held that: - since the personal hearing itself was given in the first order, they were awaiting the results of the personal hearing and only when the prohibition order was continued, they have come in appeal. In any case, we find even if the appellants had filed an appeal only against the first order dated 26.09.2017, it could even be done so at this stage with an application for condonation of delay which would have been considered as per the procedure. Regulation 23 is a provision to take immediate action against a Customs Broker on whom there is a reasonable belief of having fallen foul of the CBLR Regulations. The Regulation however allows the competent authority to prohibit the customs broker to function only at one or more sections of the customs station. Surely, this prohibition cannot be extended to all the sections and all the Customs Commissionerates in the Customs station, as has been done in the present case. Continuation of prohibition under Regulation 23 is not an alternative to following the procedure laid down in the CBLR 2013 - we are not able to support or sustain the impugned order which we find is nothing but a travesty of justice - appeal allowed.
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