TMI Blog2018 (3) TMI 1559X X X X Extracts X X X X X X X X Extracts X X X X ..... ation with respect to limitation to proceed under Regulation 20 is premature at this stage of the proceedings. Petition dismissed - decided against petitioner. - W.P.(C) No.1288 of 2018 - - - Dated:- 9-2-2018 - MR. SHAJI P. CHALY J. PETITIONER: REP. BY ITS MANAGING PARTNER BENNY FRANCIS BY ADVS. SRI. P.A. AUGUSTIAN SRI. M.A. BABY SMT. LINDA. M.J. RESPONDENT: BY SRI.THOMAS MATHEW NELLIMOOTTIL, SC, BY SREELAL N. WARRIER, SC, JUDGMENT This writ petition is filed by the petitioner seeking to quash Exts.P1 and P3 orders passed by the respondent, whereby the licence of the petitioner as a Customs Broker was suspended and later affirmed. Material facts for the disposal of the writ petition are as follows: 2. Petitioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... maintain the office and infrastructure. 4. Matters being so, on 22.12.2017, petitioner's licence was suspended with immediate effect as per Ext.P1 order, alleging that petitioner has not complied with Know Your Client (KYC) norms. Respondent extended an opportunity of personal hearing on 28.12.2017 and petitioner submitted a detailed submission, evident from Ext.P2. However, according to the petitioner, without taking into account any of the contentions advanced by the petitioner, Ext.P3 order is passed, directing continuance of suspension in accordance with Regulation 19 of the Licensing Regulations, 2013. It is thus challenging the said orders passed by the respondent, this writ petition is filed. It is also admitted that this wr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner has made his submissions dated 27.12.2017. The competent authority had given due consideration to the submissions made by the petitioner at the time of personal hearing. The competent authority has also taken note of the fact that, despite the occurrence of this incident, petitioner has not given any evidence on the steps taken to rectify the deficiencies in the process of verifying the credentials of clients that led to the instant case and to prevent its recurrence in future, and it was thereupon, decided to continue the suspension order, in accordance with the provisions of Regulation 19 of Regulations, 2013. 7. The contention with respect to the allegations made by the petitioner with regard to the limitation occurred to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that, in accordance with the obligations cast upon the Customs Broker under Regulation 11 of Regulations, 2013, petitioner has to verify the antecedent, correctness of Importer Exporter Code number, identity of his client and functioning of his client at the declared address by using reliable, independent, authentic documents, data or information, and has invited my attention to sub-regulation (n) of Regulation 11. It is also contended that, there is no limitation as is contemplated under Regulation 20. That apart, it is contended that, petitioner is left with a remedy under Regulation 21, to prefer appeal before the Customs, Central Excise and Service Tax Appellate Tribunal and the petitioner has not made out any ground justifying interf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oms may subject to the provisions of Regulation 20, revoke the licence of a Customs Broker and order for forfeiture of part or whole of security, or impose penalty not exceeding fifty thousand rupees on a Customs Broker on any of the grounds enumerated thereunder. Therefore, by virtue of the non-obstante clause contained under Regulation 19, the proceedings under Regulations 18 and 19 will have to be treated separately and distinctly. However, the proviso to Regulation 19(2) makes it clear that, whenever the Commissioner of Customs passes an order for continuing the suspension, the further procedure thereafter shall be as provided in Regulation 20. 13. Therefore, in my considered opinion, the proceedings initiated and completed by respon ..... X X X X Extracts X X X X X X X X Extracts X X X X
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