TMI Blog2017 (10) TMI 1505X X X X Extracts X X X X X X X X Extracts X X X X ..... cessary to suspend the customs broker licence, and such powerr is exercisable, where, an enquiry against the Agent (petitioner in this case) is pending or contemplated. The enquiry should be conducted under the provisions of CBLR, and the respondent cannot fallback upon the show cause notice, which has been issued to the petitioner, under the Customs Act. This is more so, because, the licence has been granted, in terms of CBLR, and enquiry ought to have been commenced against the customs broker, for violation of the licence conditions, and for such other matters, as provided under the Regulations, and in particular, Regulation 18 - On a reading of the impugned order of suspension, it is seen that there is no enquiry, either pending, or c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unsel for the respondent in W.P.No.20994/2017 and Mrs.R.Hemalatha, the learned Senior Panel Counsel, accepting notice on behalf of the respondent in W.P. No.26820 of 2017. Since the counter affidavit has already been filed in one of the Writ Petitions, i.e. in W.P.No.20994 of 2017, both the Writ Petitions were taken together, and disposed of by this common order. 2. In W.P.No.20994 of 2017, the petitioner has challenged the order of suspension issued under Regulation 19 of the Customs Broker Licence Regulation, 2013 (CBLR). Insofar as W.P.No.26820 of 2017 is concerned, the petitioner has challenged the show cause notice, dated 06.09.2017, issued under Regulation 20 (1) of the CBLR. 3. At the first instance, this Court wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1962 (hereinafter, referred to as the Act) in which, the petitioner was one of the noticees. The show cause notice proposed to confiscate 2420 boxes of refrigerant, 22 gas cylinders under Section 111(d) and 111 (m) of the Act and proposed to impose penalty against the importer as well as the petitioner. 4.2 The petitioner has submitted their reply, dated 20.06.2017, and the show cause notice is pending adjudication before the Customs Authority. While so, the impugned order of suspension has been passed under Regulation 19 (1) of CBLR, suspending the petitioner s customs broker licence with immediate effect. Further, the Commissioner of Customs has furnished the documents already filed prior to the order of suspension. 5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inst such agent is pending or contemplated. Thus, to invoke the power under Regulation 19(1), the Commissioner of Customs should be satisfied that, immediate action is necessary to suspend the customs broker licence, and such powerr is exercisable, where, an enquiry against the Agent (petitioner in this case) is pending or contemplated. 6. In my considered opinion, enquiry should be conducted under the provisions of CBLR, and the respondent cannot fallback upon the show cause notice, which has been issued to the petitioner, under the Customs Act. This is more so, because, the licence has been granted, in terms of CBLR, and enquiry ought to have been commenced against the customs broker, for violation of the licence conditions, and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... R. The Division Bench dismissed the Appeal filed by the Revenue and held as follows:- From the foregoing provision, it is true that the Commissioner is vested with power to suspend the licence of the Customs House Agent, if he is of the view that, such an order has to be necessarily passed, having regard to the irregularities committed by the Customs House Agent against whom, an enquiry is pending or contemplated. In the absence of contemplation of enquiry or pending enquiry, the suspension order cannot be passed by invoking the power vested with the Commissioner under Section 20 (2) of the Customs House Agents Licensing Regulations, 2004. In this case, liberty has been given to the authority to proceed further, if so advised, in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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