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2018 (11) TMI 39 - AT - CustomsSuspension of CHA License - Regulation 19 (2) of CBLR 2013 - suspension on the ground that the containers contained undeclared goods - the licence of the customs broker / appellant has been suspended indefinitely - Held that:- The finding in the impugned order is that the appellant did not directly collect the authorization letter and KYC norms from the importer but got the same through Mr. Jayakumar of Easwar Logistics which is clear violation of obligation under Regulation 11 (a) and (m) of CBLR 2013. The Regulation does not specifically mention that customs broker has to obtain KYC norms from the importer directly. It only states that appellant has to comply with obtaining the KYC documents - It is also not the case of the department that the appellant has played any active role in the importation of misdeclared consignment. Further even after 9 months of issuing the SCN, so far there has been no proceedings for revocation of the licence - Department cannot issue orders of suspension indefinitely in the guise of revocation of licence so as to obstruct the customs broker from engaging in his activities of livelihood indefinitely. The impugned order for continuation of suspension of customs broker licence is unjustified - appeal allowed - decided in favor of appellant.
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