TMI Blog2021 (11) TMI 961X X X X Extracts X X X X X X X X Extracts X X X X ..... ssitate the suspension of Customs Broker License. Learned Authorized Representative for the Department submits that the matter is still under examination and Enquiry by the Department. It is found that under the circumstances, the suspension of the license of the appellant is not warranted. Moreover, in the instant case, it has been reported that the SCN under CBLR has been issued. On completion o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Gold. Statement of Sh. Biju V. Joy, G-Card Holder of the appellant was recorded. The said G-Card holder accepted that he invested ₹ 35 lakhs in the seized gold. On the basis of the offence report No.17/2021 received from DRI, the appellant was suspended on 25.05.2021. The same was confirmed by Order dated 08.06.2021. The appellant preferred an appeal to this Bench. On a Writ Petition filed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... scribed under CBLR is mandatory and not directory. He relies upon the following cases: MNS Exports Private Limited Vs CC, Bangalore, 2007 (219) ELT 649 (Tri. Bang.) East West Freight Carriers (P) Ltd. Vs Collector of Customs, Madras, 1995 (77) ELT 79(Mad.) N.C. Singha Sons Vs UOI, 1998 (104) ELT 11 (Cal.) M.K. Saha Company Vs CC, Kolkata, 2021 (376) ELT 534 (Tri. Kolkata) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... still under examination and Enquiry by the Department. We find that under the circumstances, the suspension of the license of the appellant is not warranted. Moreover, in the instant case, it has been reported that the SCN under CBLR has been issued. On completion of the enquiries and examination, the Department is free to take suitable action. In view of the above, we are of the considered opinio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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