TMI Blog2018 (5) TMI 364X X X X Extracts X X X X X X X X Extracts X X X X ..... Customs Commissionerate conveying the facts of the matter and recommending further action under Regulation 19 or Regulation 18. Discernably, if the appellants had committed any breach of the CBLR Regulations in the “jurisdiction of the parent Customs Commissionerate”, the competent authority would have been well within his rights to take stock of the situation and if found appropriate and necessitating immediate action, to order suspension of the licence of the appellant. This is certainly not the case here. Appeal allowed - decided in favor of appellant. - Application No. C/Misc/40234/2018 Appeal No.C/40579/2018 - Final Order No. 41361 / 2018 - Dated:- 1-5-2018 - Hon ble Ms. Sulekha Beevi C.S. Member (Judicial) And Hon ble Shri Ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ehalf of the appellant, Ld.Counsel Shri S.Murugappan made various submissions, which can be broadly summarized as under : (i) The alleged violation committed by appellant happened in relation to Mumbai Branch as the license was not issued by Mumbai Customs and order of prohibition was issued by the Principal Commissioner of Customs (General), Mumbai on 09.06.2017 which was continued in terms of subsequent order dt. 14.07.2017. (ii) When action is taken in terms of Regulation 23, by issue of an order of prohibition by the jurisdictional Commissioner, parallel order on the part of the parent Commissionerate is unwarranted and unjustified. (iii) Suspension of licence in terms of Regulation 19 will be warranted only in case where immed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CBLR, 2013. 5. Heard both sides and have gone through the facts. 6. For better understanding of the issue at hand, it would be useful to reproduce the concerned provisions of the CBLR 2013. For prohibiting the customs broker from working in one or more sections of the Customs station, the procedure is laid down in Regulation 23 as under : 23. Prohibition.- Notwithstanding anything contained in these regulations, the Commissioner of Customs may prohibit any Customs Broker from working in one or more sections of the Customs Station, if he is satisfied that such Customs Broker has not fulfilled his obligations as laid down under regulation 11 in relation to work in that section or sections. Provisions relating to suspens ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the said jurisdictional Commissioner under Regulation 23 of the CBLR, prohibiting the Customs broker from working in one or more sections of the Customs station. However, as per the scheme of the CBLR 2013, higher degrees of penal action can only be taken by the parent Commissionerate who issued the licence. Thus, suspension of licence under Regulation 19 and revocation of license or imposition of penalty under Regulation 18 can be done only by the parent Customs Commissionerate. The provision relating to suspension of licence, as seen from Regulation 19, is meant to be invoked in appropriate cases where immediate action is necessary and where enquiry against such agent is pending or contemplated . 8. The question that arises is whet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tuation and if found appropriate and necessitating immediate action, to order suspension of the licence of the appellant. This is certainly not the case here. The prohibition ordered by the Principal Commissioner of Customs, Mumbai was still continuing at the time of the order of suspension by the Commissioner of Customs, Chennai on 8.11.2017. Possibly to justify the raison d' tre for ordering suspension, the adjudicating authority has made a reference to an earlier case involving under valuation and misutilization of DFIA scheme in respect of import of float glass from China in 2009, wherein a penalty of ₹ 50,000/- had been imposed on the appellants. It is also noted that the main case for which the above action had been initiate ..... X X X X Extracts X X X X X X X X Extracts X X X X
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