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2018 (8) TMI 503 - AT - CustomsSuspension of CHA License - principles of Natural Justice - It is the contention of the appellant that the immediacy warranting prohibition did not exist as the alleged incident occurred five months before and that no opportunity had been granted to them to be heard in their defence - Held that:- Once the requisites of law and principles of natural justice are not found wanting in an order under the Regulations, no authority–appellate, executive or oversight, should interfere in the operational functioning of a customs house - In disposal of this appeal, our scrutiny shall be limited to conformity with the law and compliance with principles of natural justice in the impugned order. The impugned order makes no express mention of satisfaction that prohibition was necessary in the said circumstances. On the contrary, the a priori conclusion appears to be mere replication of an investigative opinion, not of the Commissioner, and there is a certain thriftiness of expression that implies lack of consideration of the whole. The lapse of time between the incident and prohibition erases the immediacy that is a pre-requisite for resort to the detriment. The Commissioner is not adequately cognizant of the limits of the prohibitory power vested in him. Prohibition is to be imposed for non-fulfillment of obligation in carrying out functions in a section (or sections) of the customs station. And the prohibition is to be restricted to that sections (or sections) of the customs station. It cannot extend to the entire zone as the impugned order does - The correct implementation of this provision may require the authority concerned to obtain from archival record a comprehension of the structural division of customs houses. The order of prohibition for failing to comply with the limitation placed on exercise of power by the Commissioner of Customs under regulation 15 of Customs Broker Licensing Regulations, 2018 set aside - appeal allowed.
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