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IN THE HIGH COURT OF DELHI AT NEW DELHI
PRATHIBA M.SINGH, SHAIL JAIN
Commissioner Of Customs (Airport And General) – Appellant
Versus
Jaiswal Import Cargo Services Ltd. – Respondent
JUDGMENT :
Prathiba M. Singh J.
1. This hearing has been done through hybrid mode.
2. The present appeal has been filed under Section 130 of the Customs Act, 1962, inter alia, challenging the Final order dated 2nd January, 2025 passed in Customs Appeal No. 50251/2024 (hereinafter “impugned order”) by the Customs, Excise, Service Tax Appellant Tribunal (hereinafter “CESTAT”). Vide the impugned order, the CESTAT has set aside the Order-in-Original dated 23rd February, 2024.
3. Vide the said Order-in-Original, the customs brokers license (hereinafter “the subject license”) of Respondent - M/s Jaiswal Import Cargo Services Ltd., was suspended due to non-compliance of the Customs Brokers Licensing Regulations, 2018 (hereinafter “CBLR 2018”). The operative portion of the Order-in-Original dated 23rd February, 2024 is extracted herein below:
“ORDER
In exercise of powers conferred in terms of Regulation 14 & 18 read with Regulation 17(7) of CBLR, 2018,
(i) I hereby revoke the CB Licence No.R- 81/DEL/CUS/2006 of M/s Jaiswal Import Cargo Services Ltd (PAN: AACCJ5444N);
(ii) I direct the CB to immediately surrender the Original CB License No. R-81/DEL/CUS/2006 along with all ‘F/G/H’ Cards in original
The principle of proportionality dictates that minor violations of customs regulations may warrant suspension rather than revocation of a customs broker's license, emphasizing the importance of asses....
The period for issuing notice under Regulation 17(1) of the Customs Brokers Licensing Regulations is directory, and customs brokers must verify exporter identities.
Customs Brokers must exercise due diligence and cannot solely rely on client declarations; repeated violations warrant suspension of license.
The doctrine of proportionality applies in administrative actions, requiring penalties to be commensurate with violations identified.
Customs brokers must exercise due diligence and comply with regulations; failure to do so can result in license revocation and penalties.
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