9911796707
TMI Blog2019 (8) TMI 276X X X X Extracts X X X X X X X X Extracts X X X X ..... was passed. Being aggrieved by impugned order, the appellants filed the present appeal. 2. Sh. S.J. Vyas Ld. Counsel appearing on behalf of the appellant submits that as per Rule 16 of Customs Brokers Licensing Regulations 2013, the suspension if required in a particular case, it should be done as immediate action whereas in the present case even though the seizure of the good was made on 10.03.2017 and SCN was issued on 07.09.2017, the suspension was ordered after almost 2 years from seizure of goods i.e. on 30.04.2019. He submits that suspension can be made only when there is immediate action is required. The act of revenue shows that there is no urgency to the revenue to take immediate action, therefore, on this ground itself, the susp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ded immediately after detection of the case as the Revenue need not to wait for issuance of show cause notice for the purpose of proceedings under CBLR, 2013. The suspension order was passed exercising the power vested under Regulation 19(1) of CBLR, 2013, which is read as under : "Suspension of licence. - (1) Notwithstanding anything contained in regulation 18, the Commissioner of Customs may, in appropriate cases where immediate action is necessary, suspend the licence of a Customs Broker where an enquiry against such agent is pending or contemplated. (2) Where a licence is suspended under sub-regulation (1) the Commissioner of Customs shall within fifteen days from the date of such suspension, give an opportunity of hearing to the Cu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e in the facts of the present case. Accordingly, the order suspending the Customs Broker licence is set aside. Principal Commissioner of Customs has liberty to conduct enquiry and conclude the proceedings under CBLR, 2013. The appeal is allowed in above terms. Stay petition stand disposed of."
5. The above judgment of this Tribunal was passed taking reliance of the Hon'ble Bombay High Court judgment in the case of National Shipping (Supra), being an identical issue involved, we following the above order do not agree with the Ld. Commissioner in passing suspension order. Accordingly, the impugned order is set aside. Appeal is allowed. The order to be given dasti.
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