9911796707
TMI Blog2018 (11) TMI 39X X X X Extracts X X X X X X X X Extracts X X X X ..... ennai Customs Commissionerate which is valid upto 19.01.2026. Two Bills of Entry both dated 24.11.2016 were filed by the appellant as customs broker on behalf of the importer M/s.Blooming Ventures for the import of furniture valued at Rs. 7,83,015/- and Rs. 7,24,961/-. On 25.11.2016, the officers of Docks Intelligence Unit (DIU) on receiving specific intelligence had detained the containers for detailed examination. On verification, it was found that the containers contained goods like chandliers, wine cabinet, living room T.V. stand etc. which were not declared in the said Bills of Entry. Since the containers contained undeclared goods, investigation was initiated and summons were issued to various persons. Thereupon the licence of the app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o circumstances requiring immediate suspension of the customs broker licence of the appellant; that the said order is issued exercising excess powers only under the provisions of CBLR 2013. Ld. counsel submitted that a show cause notice dt. 3.1.2018 though issued under the said Regulation, no further proceedings under the regulation have been taken by the department and this is in violation of the time limit prescribed under the Regulation. He relies upon the decision in AM. Ahmed & Co. Vs CC (Imports) - 2014 (9) TMI 237 - MADRAS HIGH COURT. He therefore argued to set aside the impugned order. 4. Ld. A.R. Shri B. Balamurugan appeared on behalf of the department. He submitted that the identity of the importer is not available and the same h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oms broker has to obtain KYC norms from the importer directly. It only states that appellant has to comply with obtaining the KYC documents. It is also not the case of the department that the appellant has played any active role in the importation of misdeclared consignment. Further even after 9 months of issuing the SCN, so far there has been no proceedings for revocation of the licence. Department cannot issue orders of suspension indefinitely in the guise of revocation of licence so as to obstruct the customs broker from engaging in his activities of livelihood indefinitely. The provisions under Regulation 19 (2) for suspension of the licence cannot be used for issuing orders of suspension indefinitely so as to give the effect of revocat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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