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2018 (1) TMI 1280

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..... Regulation 20(7) of the CBLR does not make any distinction between an enquiry report in favour of a broker and that which is against him. In either event, a copy of the report is to be made available to him. If it is adverse to the broker, he can make a representation - The impugned order is against the broker. If the report also had been against the broker, then such consequential order cancellin .....

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..... ued under the Customs Brokers Licensing Regulations ( CBLR ). 2. The question of law that is sought to be urged is whether when the Commissioner disagrees with the enquiry report which is in favour of the broker, does the time limit of 90 days from the date of such report for passing a final order under the Regulation 20(7) of CBLR, apply? 3. The contention urged before this Court by Mr. Har .....

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..... should not imply the requirement of compliance with the time limit under Regulation 20(7) of the CBLR. 4. The Court is unable to agree with the above submissions. Regulation 20(7) of CBLR reads as under: (7) The Commissioner of Customs shall, after considering the report of the inquiry and the representation thereon, if any, made by the Customs Broker, pass such orders as he deems fit eith .....

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..... r passed in Him Logistics Pvt. Ltd. (supra) would have to be followed. 6. In the present case, the impugned order is against the broker. If the report also had been against the broker, then such consequential order cancelling the license would again have to be passed under Regulation 20(7). In the present case, disagreeing with the report, the Commissioner has proceeded to pass an order cancell .....

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