TMI Blog2018 (6) TMI 1024X X X X Extracts X X X X X X X X Extracts X X X X ..... circumstances are such that urgency of action is not tenable. The appellant has not been able to bring forth a challenge on any of these issues. The alleged role of the broker in the alleged smuggling is the crux of the proceedings against the appellant. The role disclaimed by the appellant for questioning the suspension, if ruled upon at this stage, would render redundant the process under regulation 20 of Customs Brokers Licensing Regulations, 2013. Appeal dismissed - decided against appellant. - C/87465/17 - A/86606/2018 - Dated:- 5-6-2018 - Shri Ramesh Nair, Member (Judicial) and Shri C J Mathew, Member (Technical) Shri N.D. George, Advocate for the appellant Shri Chatru Singh, AC (AR) for the respondent ORDER ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng of the contention that a broker has a limited role. Reliance is placed by Learned Counsel on the decision of the Hon ble High Court of Delhi in Impexnet Logistic v. Commissioner of Customs (General) [2016 (338) ELT 347 (Del)] holding the timelines to be sacrosanct. 3. Learned Authorized Representative relies upon the decision of the Hon ble High Court of Delhi in Millennium Express Cargo Pvt Ltd v. Commissioner of Customs [2017 (354) ELT 467 (Del) ]. 4. Suspension of licence under regulation 19 of Custom Brokers Licensing Regulations, 2013 is resorted to when circumstances require immediate action rather than await the completion of the formal and comprehensive procedure prescribed for revocation of licence. The licensing author ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ctive, may have to be deviated from, on occasion, in minor ways owing to peculiarities of the facts. 6. The appellant justifies delayed response to offer of hearing by referring to lack of relied upon documents. This is also the second prong for assailing of the impugned order. As we have already premised earlier, suspension is not revocation; not only is it of limited duration but is permitted by law as an intention reaction to an incident and warranted by circumstances. Consequently, the existence of documents is highly improbable. Undoubtedly, an inquiry cannot claim to proceed without relied upon documents but a suspension can. Lack, or non-furnishing, of documents is not a valid challenge to suspension. Regulation 19 of Customs Brok ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... toms formation and it is the licensing authority who has to administer the formation. An appellate intervention in an administration is justifiable only when there is blatant disregard of statute or perverse and unreasonable exercise of authority. Evidence of such is lacking in the present instance. 9. The alleged role of the broker in the alleged smuggling is the crux of the proceedings against the appellant. The role disclaimed by the appellant for questioning the suspension, if ruled upon at this stage, would render redundant the process under regulation 20 of Customs Brokers Licensing Regulations, 2013. That would not be consistent with the law. An inquiry and its consequential order requires adherence to norms statutory and natura ..... X X X X Extracts X X X X X X X X Extracts X X X X
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