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2016 (4) TMI 720 - CESTAT NEW DELHI

2016 (4) TMI 720 - CESTAT NEW DELHI - 2016 (339) E.L.T. 107 (Tri. - Del.) - 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 i .....

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on of license which amounts to stoppage of appellants business is not justified. 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 .....

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any fraudulent act in violation of Customs Act. They cannot be held responsible 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 Couns .....

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t nature of collusion or otherwise with the importer remains to be determined 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 d .....

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