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SSS Sai Shipping Services Pvt Ltd Versus Commissioner of Customs (Gen) , Mumbai

2015 (12) TMI 531 - CESTAT MUMBAI

Suspension of Custom Broker license - Held that:- Under Regulation 21, the Commissioner of Customs is required to issue a notice in writing to the Customs Broker within a period of 90 days from the date of receipt of the offence report stating the grounds on which it is proposed to revoke the licence. It is on record that the enquiry was ordered on 18.11.2014 i.e. after a period of exceeding 90 days from the date of receipt of offence report which was received on 26.07.2014 by the Commissioner. .....

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m measure and the authority has to take further steps i.e. suspend the licence permanently or revoke the licence under Regulation 22 within the time limit prescribed. Otherwise the order of suspension stopping the right of a person to carry on its business cannot continue. - No justification for suspension of CHA License - Decided in favour of Appellant. - Appeal No. C/89877/14-Mum - Final Order No. A/1338/2015/WZB/CB - Dated:- 27-4-2015 - M V Ravindran, Member (J) And P S Pruthi, Member (T),JJ. .....

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companies and had allowed use of the IEC code of the companies by Shri Vijay Kothari and Shri Pawan Mehta who were effecting multiple foreign outward remittances of crores of rupees through imports against bills of entry. The statement of Shri Niklesh Kakkad, Director of M/s. Impress Clearing & Forwarding P. Ltd., a Custom Broker, revealed that the consignment for the various companies were cleared from customs using broker licence of the appellant. On the basis of investigations, the Chief .....

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sides. 4. It is seen that the suspension of licence is in relation to imports which had taken place during the period of September 2011 to May 2013. The licence was suspended under Regulation 19(1) on 30.07.2014. Regulation 19(1) provides for suspension of licence where immediate action is necessary and an enquiry is contemplated against the CB. We agree with the reliance placed by the ld. consultant on the case of CC vs. National Shipping Agency 2008 (226) ELT 46 (Bom.) in which the Hon'ble .....

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the disputed consignment is still pending. Therefore, we are of the view that the suspension of licence many months after the imports is not warranted. 5. We also note that under Regulation 21, the Commissioner of Customs is required to issue a notice in writing to the Customs Broker within a period of 90 days from the date of receipt of the offence report stating the grounds on which it is proposed to revoke the licence. It is on record that the enquiry was ordered on 18.11.2014 i.e. after a p .....

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