Notice for revocation of customs broker license issued beyond 90 days of offence report is unsustainable

Him Logistics Pvt. Ltd Vs Commissioner of Customs (Delhi High Court)

Delhi High Court held that as per regulation 17(1) of Customs Brokers Licensing Regulations 2018, notice for revocation of license to the customs broker is to be issued within a period of 90 days from the receipt of offence report. Order unsustainable as notice issued beyond the period of 90 days,

Facts-

The petitioner has filed the present petition impugning an order dated 31.12.2020 (Order-in-Original No. 126/Mk/Policy/2020 – hereafter ‘the impugned order’) passed by the respondent revoking the petitioner’s Customs Broker License (CB License No. R-07/2004), which was otherwise valid up to 10.10.2028. In addition, the respondent had also directed forfeiture of the security deposit by the petitioner and levied a penalty of ₹50,000/- on the petitioner.

Conclusion-

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