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M/s. Kirti Cargo Versus Commissioner of Customs (Gen) , New Delhi

2016 (4) TMI 720 - CESTAT NEW DELHI

Suspension of Customs broker licence - G Card holder employee of the appellant alleged to have been involved in fraud of manipulating the value of export goods and using the license for import of paper / paper products by various importers - Held that:- in the absence of at least a prima facie case indicating the role of the appellant in various frauds, suspension of license will be harsh and unjustified. Further, more importantly, it is found that though the suspension was confirmed on 20.11.15 .....

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ied. Therefore, impugned order is unsustainable. - Decided in favour of appellant - Customs Appeal No. 54527 of 2015 - Final Order No.51233 /2016 - Dated:- 6-4-2016 - MS ARCHANA WADHWA, MEMBER (JUDICIAL) AND MR. B RAVICHANDRAN, MEMBER (TECHNICAL) For the Petitioner : Dr. Prabhat Kumar, Advocate For the Respondent : Shri R K Garg, DR ORDER PER B RAVICHANDRAN: The appellant, a licensed Customs Broker, is before us against the order dated 20.11.15 of Commissioner of Customs (Gen), New Delhi confirm .....

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ble for the act of their employee in his personal capacity; B. No inquiry or investigation has been conducted to clearly bring out role of the appellant in any wrongful act; C. The suspension was confirmed on 20.11.15, so far no show cause notice under CBLR 2013, has been issued to them. Continued suspension without a proper notice is against the provisions of CBLR, 2013. 3. We have heard both the sides. 4. Learned Counsel for the appellant elaborated on each of the above grounds. 5. Learned AR .....

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d as both the G Card holder and Shri Vinod Kumar, one of the key person working in EDI system, are absconding. And as such, investigation could not be completed. It is clear that in the absence of at least a prima facie case indicating the role of the appellant in various frauds, suspension of license will be harsh and unjustified. Further, more importantly, we find though the suspension was confirmed on 20.11.15, till date no show cause notice has been issued to the appellant. The time limit as .....

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