V.J.P. Shipping India Pvt. Limited Vs Commissioner of Customs (CESTAT Chennai)
CESTAT Chennai held that order suspending CHA License set aside since proof regarding violation of Customs Broker Licensing Regulations, 2018 [CBLR] not available. Thus allegation not proved and hence CHA License restored.
Facts- The present appeals are preferred by the appellant. The appellant mainly contested that imports were in October and November 2022 wherein the violation/s were alleged, but the firstorder of suspension was passed on 23.04.2024 which itself is beyond the time frame provided under Regulation 17 of CBLR. The first show cause notice dt. 05.10.2023 issued under Regulation 17 (1) ibid does not whisper about any offence report. Further, in the impugned order, the Commissioner has concluded that the appellants had violated various sub-regulations of Regulation 10 ibid even before holding any enquiry as mandated under the said Regulation. In so far as the second appellant is concerned, they did not even file any Bill of Entry and therefore the impugned order is clearly without any basis.
Conclusion- Held that we have very carefully gone through the documents made available before us by both the parties; the revenue may be having in its possession some documents/evidences regarding or indicating the history of similar violations by the appellants but, nevertheless, such infringements or violations has not culminated in any action by way of punishment as prescribed under the CBLR and hence, the alleged background/history stands not proved. Therefore, such a background or history of the appellants, as long as ‘not proved’ would not be of any avail or of any consequence insofar as the present – alleged violations are concerned.
