Back
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.R.SWAMINATHAN, M.JOTHIRAMAN, JJ
Commissioner of Customs, Customs House, New Harbour Estate – Appellant
Versus
T. Shanmugasundaram – Respondent
JUDGMENT :
(G.R. Swaminathan, J.)
Thiru.T.Shanmugasundaram was granted customs broker license by the Commissioner of Customs, Customs House, New Harbour Estate, Tuticorin on 26.03.2013. The licensee opened customs broker branch at Chennai in January 2014. F card was also obtained at Chennai in May 2014. Whileso, certain irregularities were allegedly noticed in the operation of the licensee in their Chennai Branch. Finally on 31.08.2015, Shanmugasundaram was prohibited from operating his customs broker license at Chennai. This was communicated to the Commissioner of Customs, Tuticorin by the Assistant Commissioner of Customs, Chennai vide communication dated 06.10.2015. Acting on the same, show cause notice dated 11.11.2015 was issued by the Commissioner of Customs, Tuticorin under Regulation 20(1) of Customs Brokers Licensing Regulations, 2013 calling upon Shanmugasundram to submit his written explanation as to why the customs broker license issued to him should not be revoked and the security deposit of Rs.75,000/- furnished by him shall not be forfeited and as to why, penalty should not be imposed on him under Regulation 22 of Customs Brokers Licensing Regulations, 2013 . Challengi
The court clarified that the issuance of a show cause notice under Regulation 20(1) is not time-barred unless the date of receipt of the offence report is clearly established.
Timelines under Regulations 17(1) and 17(5) of CBLR, 2018 are mandatory, rendering proceedings time-barred.
The period for issuing notice under Regulation 17(1) of the Customs Brokers Licensing Regulations is directory, and customs brokers must verify exporter identities.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
