9911796707
TMI Blog2018 (4) TMI 551X X X X Extracts X X X X X X X X Extracts X X X X ..... application in Form C, to Kakinada Customs for renewal of permission of extension of their custom broker agency to operate at Kakinada Customs. The jurisdictional Customs Commissionerate addressed a letter to original license issuing authority, namely, Principal Commissioner of Customs (General), CBS, New Custom House, Mumbai seeking a report on antecedents of the appellant and also requesting to furnish any objection in permitting the said Customs Broker to operate at Kakinada Customs. In reply, the Asst. Commissioner (General), New Custom House, Mumbai submitted that the CB license of the appellant is valid till 31.12.2026, that two inquiry cases are pending against them, there were no deviations from the obligations prescribed under Regu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... kinada Customs House under Regulation 7 (2) read with Regulation 23 of the Customs Brokers Licensing Regulations, 2013." Aggrieved, the appellants are before this forum. 2.1 On 03.01.2018 when the matter came up for hearing, the appellant represented by Ld. Consultant Mr. Prashant Patankar put forth various submissions which can be broadly summarized as under : (i) The Commissioner has not appreciated that there was no case against them in Kakinada Custom House under CBLR and has only relied upon the inquiry pending against appellant in parent Commissionerate vide S8-39/2010-11-Admn. (ii) Commissioner has failed to appreciate that parent Commissionerate had renewed their license for 10 years upto 31.12.2026 in spite of pending enquiry. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... customs station and that right to operate in that customs station is subject to acceptance or permission of jurisdictional Commissioner . 7. We are not able to appreciate this conclusion of the lower authority. The appellant has submitted an application for renewal as far back as 02.12.2016. The reference made by Kakinada Customs to the parent Commissionerate, namely, New Custom House, Mumbai, seeking report on antecedents and NOC was understandable. We find that while the new Customs House, Mumbai in their reply have indicated that two inquiries are pending against the licensee. But, it was also conveyed that appellant's license has been renewed by New Custom House and is valid upto 31.12.2026, that there are no deviations from obligation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... newed the CB license for further 10 years upto 31.12.2026. In the face of these clarifications and No Objection from the parent Commissionerate, the impugned order declining permission to continue the operations at Kakinada Custom House, in our considered opinion, is not justified. Ld. Consultant has time and again emphasized that although there is no bar for verification of particulars given in Form "C" however these should not be used as a "means" of operating or denying the right of the CHA to operate in that Commissionerate. The rejection of the permission to continue to operate at Kakinada Customs is therefore a peremptory one and is not supported by law. This being so, impugned order cannot be sustained and is set aside which will hav ..... X X X X Extracts X X X X X X X X Extracts X X X X
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