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TMI Blog2023 (3) TMI 136X X X X Extracts X X X X X X X X Extracts X X X X ..... eiture, with consequent direction for replenishment, of security deposit. 2. Upon cent per cent examination and testing of three representative samples from a consignment of 5700 packages of 'refrigerant gas HFC-404A', for which bill of entry no. 567624/07.01.2012 had been filed on behalf of M/s Alpine Exports by appellant, it was concluded that the contents were 'refrigerant gas (HCFC R-22)' which, as 'ozone depleting substance(ODS)', was restricted under the Foreign Trade Policy (FTP). 3. The suspension of the 'customs broker' licence, based on the initial offence report, was revoked on appeal before the Tribunal. The enquiry report following initiation of proceedings thereafter, under Customs Brokers Licensing Regulations, 2013 for all ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellant of not having rendered proper advice to the importer has been countered in the grounds of appeal with nothing other than mere denial and not warranting interference with the order. 6. As only three of the original four charges were sustained in the impugned order, we concern ourselves only with those. A valid defence against the first finding of the appellant having failed to give proper advice to customer would have been reporting of nonadherence to customs authorities which is not an averment of the appellant. It is seen from the records that the licensing authority had taken note of the contention of the appellant that enquiry authority relied upon the statements of the importer, and the attribution of unreliability of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e obligation of exercising due diligence in ascertaining correctness of the information imparted to client in the course of clearance of cargo has been held against the 'customs broker' on inference from failure to keep customers informed of the restrictions in import of 'refrigerant gas' of certain specifications. The demonstrated lack of interest in the contents of the consignment that closely resembles restricted goods is, naturally, bound to be reflected in non-ascertainment of the correctness of the advice given to customers. Though the finding on this charge by the licensing authority is bereft of detail, separate and distinct from that leading to confirmation of the first charge, we do not find that to be substantive lack as the two ..... X X X X Extracts X X X X X X X X Extracts X X X X
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