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2020 (3) TMI 1062 - AT - CustomsRevocation of CHA License - forfeiture of security deposit - denial of the procedural right of the licensee in enquiry proceedings - regulation 17(4) of the Customs Brokers Licensing Regulation, 2018 - HELD THAT:- The manner in which the enquiry report has discarded the request of cross-examination received from the notice is not in conformity with regulation 17 of Customs Brokers Licensing Regulations, 2018. It was incorrect on his part to have come to the conclusion that the statements recorded therein, which is perceptible as the foundation of the show-cause notice, did not merit being subjected to the test of cross-examination. Considering the nature of defence offered in reply to the show-cause notice, the inference of substitution should have been permitted for ascertainment in the enquiry proceedings. This breach of responsibility by the disciplinary authority who was obliged to ensure compliance with the Regulations appears to have been further compounded by failure to dispose off the representation that this contravention of the principles of natural justice and the prescriptions in the statute renders the final decision to be unacceptable and inconsistent with law - matter remanded back to the original authority to order fresh enquiry proceedings under regulation 17 of Customs Brokers Licence Regulations, 2018. Appeal allowed by way of remand.
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