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2020 (7) TMI 387 - AT - CustomsPrinciples of Natural Justice - Suspension and denial of renewal of CHA licence - no opportunity was given to the appellant of being heard - allegation against the appellant is that they have contravened the Regulations 10(d), 10(n) and 13(7) of CBLR 2018 - HELD THAT:- The order dt. 21/04/2020 whereby the renewal of Customs Broker licence has been denied by the Commissioner was passed without following the principles of natural justice and without affording an opportunity of hearing to the appellant which is clear violation of principles of natural justice especially when his application for renewal of licence is already pending. Further, it is found that once the Customs Broker licence of the appellant has already expired on 13/04/2020, there was no need to pass an order of suspension because after 13/04/2020, the Bills of Entry filed by the appellant were not processed by the Customs. Therefore, the suspension order dt. 21/04/2020 is premature. Further, while passing the impugned order, the Commissioner has not considered the various judgments relied upon by the appellant wherein the High Court as well as the Tribunal from time to time has held that the Customs Broker is not supposed to physically visit the premises of the importer/exporter and if he verifies the documents on the basis of the official records, then he cannot be alleged to have violated the regulations of CBLR. Further, it is found that after the impugned order dt. 19/05/2020 was passed upholding the denial of renewal as well as suspension of licence, an inquiry was ordered by the Commissioner, under Regulation 17 of CBLR 2018, which is still pending and has not been completed. Since the enquiry is pending, the finding of the Commissioner in the impugned order that the appellant has violated Regulations 10(d), 10(n) and 13(7) of CBLR 2018 is without any basis because the appellant has submitted that he has not violated the regulations on the basis of the decisions rendered by the Tribunal and the High Court. The show-cause notice issued to the appellant by Trichy Commissionerate is pending before the High Court of Madras (Madurai Bench). In view of the above, during the pendency of the enquiry ordered by the Commissioner of Customs, the Commissioner should not have denied the renewal, more so, when there are extra ordinary circumstances prevailing in the country on account of spread of pandemic Covid19 during which the appellant is supposed to pay the wages to its employees as per the instruction issued by the Government of India. Keeping in view the livelihood of the appellant and the fact that enquiry is still pending regarding the violation of regulations against the appellant, the impugned order is not sustainable in law and therefore we set aside the same and direct the Commissioner of Customs to allow the appellant to carry on his business of CHA during the pendency of enquiry except at Trichy Commissionerate where the alleged violation took place. Appeal disposed off.
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