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2016 (8) TMI 1073 - CESTAT NEW DELHI

2016 (8) TMI 1073 - CESTAT NEW DELHI - 2016 (340) E.L.T. 537 (Tri. - Del.) - Revocation of registration - Held that:- Registration was revoked alongwith forfeiture of ₹ 10,00,000/- security deposit, is that they are not "authorized courier" as per Regulation 3 (a) of CIER, 1998/Regulation 3 (1) (b) of CIER, 2010. We note that both these are definition clause of "authorized courier". We note that the registration in 2009 has been granted by the Competent Authority, apparently after due proc .....

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ustifiable. Such punitive action has to have a premise of violation of certain provision of law. The same is not demonstrated in the present case. Regarding revocation of registration, we find the action of the lower Authority is preemptive though aimed at enforcing certain revised guidelines for improved monitoring and better compliance of cargo movement across the border. We find that taking into consideration the submissions made by the appellant and also the fact that they are yet to commenc .....

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2678/2016 - Dated:- 29-7-2016 - Dr. Satish Chandra, President and Shri B. Ravichandran, Member (Technical) Shri Prabhat Kumar, Advocate- for the appellant. Shri Dr. S.K. Sheoran, Authorized Representative (DR) - for the Respondent. ORDER The appeal is against order dated 23/2/2016 of Commissioner of Customs (General), New Custom House, New Delhi. The appellant is a registered authorized courier, essentially engaged in the business of freight forwarding as an IATA agent. They have applied for and .....

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s available with the authorized courier appointed under the said Regulations to ensure proper compliance. On noticing that the appellant has not furnished bank certificate or solvency certificate worth ₹ 25,00,000/- in view of the amendment in the Regulation 8 (1) of CIER, 1998 w.e.f. 12/8/2010, proceedings were initiated against the appellant by way of issue of show cause notice dated 15/6/2015 proposing revocation of registration and forfeiture of security deposit. On conclusion of the a .....

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es of furnishing solvency of ₹ 25,00,000/- Hence, the same called for penal action. Accordingly, the Original Authority revoked the appellants courier registration and also ordered forfeiture the whole amount of security deposit of ₹ 10,00,000/- 2. The learned Counsel for the appellant submitted that the appellants have not committed any violation of the Regulations CIER, 1998 or CIER, 2010, He submitted that as per the amended provisions of the Regulation they have complied with req .....

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s door to door delivery of goods. The learned Counsel admitted that they are yet to complete the process as the same is capital intensive and required investment in IT infrastructure and various other office facilities. He pleaded that when it is an admitted fact that they have not filed any courier bill for clearance of import or export cargo so far, the question of their contravening any of above-mentioned Regulations do not arise. When asked specifically as to why they are not able to put up .....

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rated the findings of the lower Authority and stated that the Commissioner is correct and reviewing the facilities available with the authorized courier and when found wanting he has taken action of revocation. 4. Having heard both the sides and on perusal of appeal records, we find that the only substantial allegation against the appellant based on which their registration was revoked alongwith forfeiture of ₹ 10,00,000/- security deposit, is that they are not "authorized courier&quo .....

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