9911796707
TMI Blog2024 (2) TMI 624X X X X Extracts X X X X X X X X Extracts X X X X ..... se. 4. The said Show Cause Notice also calls upon the petitioner to show cause why the security deposited by them should not be forfeited and why penalty should not imposed on the petitioner under Regulation 14 and 18 of the Customs Brokers Licensing Regulations (CBLR), 2018. The first respondent / Principal Commissioner of Customs is the licensing authority under the aforesaid Regulation. 5. In W.P.No.5787 of 2021, the petitioner has challenged the impugned letter dated 03.02.2021 bearing reference F.No.R-397-CHA (Case File) towards Inquiry Report of the Officer/Assistant Commissioner of Customs (COO) dated 30.12.2020 under Regulation 17(5) of the aforesaid regulation. 6. The principle attack in these writ petitions is that in terms of Regulation 17(5) of the aforesaid Regulation, Inquiry by the Inquiry Officer ought to have been completed within a period of ninety (90) days from the date of issuance of the Show Cause Notice dated 21.06.2020. 7. In other words, the Inquiry Report should have been submitted on or before 21.09.2020, whereas the Inquiry Report impugned in W.P.No.5787 of 2021 was issued only on 30.12.2020. 8. It is submitted that ordinarily, the time for completi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2020 (371) E.L.T. 685 (Mad.) (iii)Indair Carrier Private Limited Vs Commissioner of Customs (General), 2016 (337) E.L.T. 41 (Del.) (iv)Impexnet Logistic Vs. Commissioner of Customs (General), 2016 (338) E.L.T. 347 (Del.) (v)Thilagarathinam Match Works Vs. Commissioner of Central Excise, Tirunelveli, 2013 (295) E.L.T. 195 (Mad.) (vi)Kunal Travels (Cargo) Vs. CC (I & G), IGI Airport, New Delhi, 2017 (354) E.L.T. 447 (Del.). 13. The learned counsel for the petitioner has also drawn attention to the decision of this Court in HSN Shipping Private Limited Vs. Commissioner of Customs, Chennai, 2020 (372) E.L.T. 689 (Mad.), wherein, following decisions were followed:- (i)Masterstroke Freight Forwarders Private Limited Vs. Commissioner, 2016 (332) E.L.T. 300 (Mad.) (ii)Patriot Freight Logistics System Vs. Commissioner, 2017 (350) E.L.T. 59 (Mad.) (iii)Santon Shipping Services Vs. Commissioner in C.M.A.No.730 of 2016 dated 13.10.2017. (iv)Titaghur Paper Mills Co., Ltd. And Ors. vs. State of Orissa and Ors., (1983)2SCC 433 (v)Whirlpool Corporation vs. Registrar of Trade Marks, Mumbai and Ors., (1998) 8 SCC 1 (vi)State of Uttar Pradesh and Ors. vs. Dharmander Prasad Singh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Licensing Regulations (CBLR), 2018. At the conclusion of the inquiry, the Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the case may be, shall prepare a report of the inquiry and after recording his findings thereon submit the report within a period of ninety days from the date of issue of a notice under sub-regulation (1). Hence, he submits that there are no merits in the present writ petitions. 18.It is further submitted that after the Inquiry Report on 30.12.2020 was submitted with the first respondent/Principal Commissioner of Customs, the first respondent/Principal Commissioner of Customs has to merely pass a Speaking Order under the Regulations by imposing penalty or revoking the license or dropping the charges. Hence, it is though submitted that these writ petitions are premature and are liable to be dismissed. 19. The case was heard once again on 14.07.2023 after it was heard on 05.07.2023. The learned counsel for the respondent was directed to produce the official files of the Customs Department maintained by the Department in so far as the enquiry report and communication to the Commissioner. 20. The learned counsel for the respondent would ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (e) of Section 114 of the Indian Evidence Act, 1872 proves the fact that the order was passed on 31st December, 2008. 24. The learned counsel for the respondents has also placed reliance on the decision rendered by the learned Single Judge of this Court in Shriwin Shipping & Logistics vs. The Commissioner of Customs, Chennai VIII Commissionerate, W.P.No.15544 of 2019. Para Nos.14,19, 20 and 25 are reproduced below:- "14. Now that this court as a matter of judicial discipline as mentioned supra is proceeding on the basis that various time frames adumbrated in Regulation 17 of CBLR 2018 are mandatory and not directory, what has to be examined is whether there is violation of 90 days time frame set out in sub regulation (5) of Regulation 17 of CBLR 2018. 19. Therefore, 90 days time frame stipulated under Regulation 20(5) of CBLR 2013 can be tested only by taking 22.11.2018 as the reckoning date in this case as reply / statement of defence has been given by writ petitioner only on that date. The writ petitioner not having submitted its statement of defence to SCN within 30 days time frame under Regulation 17(1), cannot claim the benefit of Regulation 17(5) to have the impugned ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reducing the time to thirty days in both the cases under the Regulations. " (underlining made by Court to highlight and supply emphasis) 25. Therefore, in the peculiar facts and circumstances of this case, this court comes to a conclusion that it cannot be gainsaid by writ petitioner that there is violation of Regulation 17(5) of CBLR 2018 and have the impugned order set aside on that lone ground." 25. On perusing the files, it is noticed that there are Internal communication which has been signed by the Examining Officer(Customs Broker House) [EO(CBS)], Suptd.(CBS) and AC(CBS) of the three Officers. A note was prepared for communication of the Enquiry Report dated 30.12.2020 to the petitioner. The Principal Commissioner has approved the note for sending the Enquiry Report to the petitioner only on 2nd February 2021. 26. The note also states that the cut-off date for submitting inquiry report was 27.09.2020 whereas, inquiry report was issued by the inquiry officer on 30.12.2020 which was received in the Customs Broker Section on 07.01.2021. It was without considering the extension period that was available to either parties, in view of the provisions of the taxation and other l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .12.2020 of the Inquiry Officer namely the Asst Commissioner of Customs (CCO)/Inquiry Ofc by the Asst Commissioner of Customs (CBS) vide letter dated 03.02.2021 bearing reference F.No. R-397-CHA (Case File) can be Said to be in Accordance with the provisions of Customs Broker Licensing Regulation, 2018. 32. As per Regulation 17 (5) of the Customs Broker Licensing Regulation, 2018, the Inquiry Officer has to prepare a report and after recording his findings and submit a report within 90 days from the date of issuance of the Show Cause Notice. 33. In this case, the show cause notice was issued to the petitioner on 21.6.2020. The suspension of the license of the Customs House broker license of the petitioner was on 12.6.2020. Both the event were during the period when the country was under lock-down immediately after the outbreak of COVID 19 pandemic. The Asst Commissioner of Customs (COO) was appointed as the Inquiry Officer. 34. Ordinarily the Inquiry Officer ought to have submitted a report by 20.9.2020 with the 1st respondent in accordance with Regulation 17 (5) of the Customs Broker Licensing Regulation, 2018. However, the report was made ready only on 30.12.2020. By this time ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the time limit for completion or compliance of such action shall stand extended." 37. Thus, 30th day of December, 2020 was the end date of the period during which the time limit specified in, or prescribed or notified under, the Central Excise Act, 1944 (1 of 1944), the Customs Act, 1962 (52 of 1962) (except sections 30, 30A, 41, 41A, 46 and 47), the Customs Tariff Act, 1975 (51 of 1975) or Chapter V of the Finance Act, 1994 (32 of 1994) for the completion or compliance of such action as specified under clause (a) or (b) of Section 6 of the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (No.38 of 2020). 31st day of December 2021 was construed as the last day to which the time limit for completion of compliance of such action was extended. 38. The document filed by the Customs Department records that the file was received by the Customs House only on 07.01.2021. It reads as under:- 39. Copy of the internal file which preceded the communication of the enquiry report is extracted with. The 1st respondent has given approval for transmitting the enquiry report only on 02.02.2021. Thus, it cannot be said that the Enquiry Report dated 30.12.2020 was ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
