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M/s CAFCO FREIGHT SYSTEMS PVT. LTD Versus THE COMMISSIONER OF CUSTOMS, COCHIN AND ASSISTANT REGISTRAR, BANGALORE

2016 (6) TMI 752 - KERALA HIGH COURT

Renewal of Customs Brokers License - application for renewal of the Customs Broker licence is not being considered by the commissioner since the penalty was imposed on the Managing Director of the company - Held that:- Regulation 5 of the Regulations only provides that the applicant for a licence to act as a Customs Broker in a Customs Station, shall not be a person on whom penalty has been imposed under the Customs Act, Central Excise Act and the Finance Act. The respondents have no case that a .....

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er than the partner or director or the authorised employee who is handling the customs work. - the writ petition allowed. - the first respondent to consider the application for renewal of licence submitted by the petitioner and grant the renewal sought by the petitioner if their application is otherwise in order. - Decided in favor of petitioner. - W.P.(C) No.16016 of 2016 - Dated:- 1-6-2016 - P.B.SURESH KUMAR, J. FOR THE PETITIONER : SRI.P.A.AUGUSTIAN, SRI.M.A.BABY, SMT.LINDA.M.J. FOR THE RESPO .....

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l of the Customs Broker licence is not being considered by the first respondent. The Managing Director of the petitioner, namely, Mr. Bethusami Bethuraj is the Managing Director of another company called M/s. Indam Recycling Company (P) Limited. The said company holds an Import Export Code. One Rafeek Ahamed had imported a consignment through Cochin Port making use of the Import Export Code of the said company. The Directorate of Revenue Intelligence, Kochi initiated proceedings against Rafek Ah .....

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tioner before the Tribunal for restoration of the proceedings and the same is pending. It is stated by the petitioner that it is on account of the said reason that the licence granted to the petitioner under the Regulations is not being renewed. According to the petitioner, they are entitled to get their Customs Broker licence renewed as per the Regulations and that the refusal on the part of the respondents in renewing the licence on the ground that a penalty was imposed on its Managing Directo .....

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entral Government Counsel for the respondents. 4. The petitioner is a company incorporated under the Companies Act. Ext.P1 is the order imposing penalty relied on by the respondents to withhold the application for renewal of licence submitted by the petitioner. Ext.P1 indicates that penalty is imposed on its Managing Director in relation to his conduct as Managing Director of another company, namely, M/s. Indam Recycling Company (P) Limited. Regulation 5 (e) and (f) of the Regulations dealing wi .....

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firm or company its partner or director or an authorised employee who may handle the Customs work shall : (i) be a graduate from a recognised University, and (ii) possess a professional degree such as Masters or equivalent degree in Accounting, Finance or Management, CA/MBA/LLB or Diploma in Customs Clearance work from any Institutes or University recognized by the Government or is having at least two years experience in transacting Customs Broker Work as G-Card holder; x x x x x x x x x x x x x .....

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