Commissioner of Customs (Import) Vs Raj Brothers Shipping Pvt. Ltd (CESTAT Chennai)
CESTAT Chennai held that order passed without adhering to timelines specified in the Customs Brokers Licensing Regulations, 2013 [CBLR] cannot be sustained. Accordingly, consequential relief granted to customs broker and order revoking customs broker licence set aside.
Facts- Raj Brothers Shipping Pvt. Ltd. who is a Customs Broker License holder allegedly mis-declared the goods imported by one M/s. Poonamani Industries, Hyderabad who had imported ‘Drawer Channel” from China with a gross weight declared as 9880 kg. The appellant filed Bill of Entry under RMS. On suspicion, SIIB took investigation and on first check, it was found that the goods weighed 28230 kilograms as against the declared quantity of 9880 kilograms by the importer and the value declared by the importer was redetermined.
Accordingly, Show Cause Notice was issued to the importer as well as to the appellant for alleged contravention of the provisions of CBLR, 2013. After due process of law, Adjudicating Authority revoked the suspension of the Customs Broker. Hence department has filed the Appeal against the revocation. Accordingly, Commissioner of Customs revoked the Customs Broker’s license granted to the appellant and imposed a penalty of Rs.50,000/-on the Customs Broker under Regulation 18 of CBLR, 2013. He also forfeited the security deposit of Rs.5,00,000/- under Regulation 18 of CBLR, 2013. Being aggrieved, the present appeal is filed by the Customs Broker.
