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2018 (11) TMI 466 - AT - CustomsRevocation of Custom Broker License - forfeiture of security deposit - it was alleged that the appellant had contravened provisions of Regulation 13(1), 13(d), 13(k), 13(o) and 20(i)(a), (b) & (c) of the CHALR, 2004 - it appeared to the department that the appellant had given false affidavit and secured the Customs Broker Licence by suppression of facts and submissions of false documents in contravention of provisions of Regulations 5(d) and 5(e) of the CBLR 2013, thereby contravening provisions of Regulation 18(b) of the CBLR 2013. Held that:- The appellant is not required to fulfill under Regulation 5 of CBLR, 2014, inasmuch the appellant is not new ‘applicant’ - Regulation 4, 5 and 7 is applicable to an applicant, who applies and undertakes examination conducted by Directorate General of Inspection of Customs & Central Excise, by inviting application by publication of notice in two leading national daily newspapers in English and Hindi and, subsequently grants licence to successful applicant(s). The said affidavit has been filed in haste, as is evident from the fact that when Regulation 5 is not applicable to the appellant, there was no requirement to file any affidavit by the appellant. This gets further supported from the first letter dated 01.01.2017 filed by the appellant, to the department, wherein they have prayed to extend the validity of licence for five years i.e. for the period which was lost from the date of suspension i.e. 15.12.2010 till the date of original validity i.e. 15.12.2015. The license is restored - appeal allowed - decided in favor of appellant.
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