CUSTOMS EXCISE & SERVICE TAX APPELLATE TRIBUNAL
R. Muralidhar, Judicial Member, Rajeev Tandon, Technical Member
Just Logistics – Appellant
Versus
Pr. Commissioner of Customs (Airport & ACC), Kolkata – Respondent
Customs Appeal No.75610 of 2024
| Table of Content |
|---|
| 1. factual background regarding the alleged violation of cblr regulations and the existence of the exporter. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. procedural fairness and the binding nature of mandated timelines for disciplinary proceedings. (Para 8 , 9 , 10 , 11) |
| 3. scope of a customs broker's duty to verify client identity and the lack of evidence for the department's assumptions. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 4. judicial precedents emphasizing the limited role of a customs broker and the unjust nature of arbitrary licence revocation. (Para 21 , 22 , 23 , 24 , 25 , 26) |
Per : RAJEEV TANDON :
The present appeal has been filed by the appellant being aggrieved with the Order-in-Original No.KOL/CUS/A&A/Pr.COMMISSIONER/CBS/06/2024 dated 21.02.2024 whereby the learned Adjudicating authority has ordered revocation of the Customs Broker’s Licence of the appellant. He has also ordered therein forfeiture of full amount of Security Deposit furnished by the Customs Broker, apart from imposing a penalty of Rs.50,000/- on the appellant. The learned Principal Commissioner in his order has found the appellant in violation of the prescriptions of Regulation 10(d), 10(m) and 10(n) of the Customs Brokers Licensing Regulations (CBLR), 2018 and has therefore ordered as above mentioned.
2. The primary charge against the appellant, stems out of the case of export of ‘Human Hair (Unprocessed)’ by an exporter, by name M/s. S.S. Impex by undervaluing the same; the appellant being the Customs Broker in the said matter having processed and facilitated exports under cover of Shipping Bill No.7926810 dated 15.01.2021 which was interdicted by the authorities. Conducting detailed investigations into the matter, the department found that in past also several similar consignments of export of Human Hair by the said exporter were undertaken. In some of these export shipments the present appellant was the nominated Customs Broker on record. Through its investigations the department arrived at the conclusion that the exporter in the present matter was not traceable and therefore non-existent. They have thus inter alia also held out the Customs Broker to be the Exporter, in the matter.
3. The Ld. Counsel for the appellant, has submitted that it would be a fallacy to claim that the exporter was non-existent. He submits that the DGFT authorities have issued to the exporter a valid IEC No.BOCPB2356H (to which upon query from the Bench, the Ld.Counsel submits that it was still operative). He adds that it was not a case of present appellant being the sole Customs Broker, facilitating the shipments for the said exporter. He placed on record a list of 184 shipments (as below) in respect of the said goods, as were exported by the said exporter, where services of some other Customs Brokers were availed of by the exporter M/s.SS Impex.
EXPORT OF HUMAN HAIR UNDER HSN CODE 0501 BY M/s. S.S. IMPEX [IEC NO.BOCPB2356H] THROUGH OTHER CBs
| SL. NO. | S/B NO. | S/B DATE |
|---|---|---|
| 1 | 1948781 | 11.02.2019 |
| 2 | 1948789 | 11.02.2019 |
| 3 | 2032808 | 14.02.2019 |
| 4 | 2033378 | 14.02.2019 |
| 5 | 2104856 | 18.02.2019 |
| 6 | 2134750 | 19.02.2019 |
| 7 | 2317094 | 26.02.2019 |
| 8 | 2317096 | 26.02.2019 |
| 9 | 2498681 | 05.03.2019 |
| 10 | 3035790 | 27.03.2019 |
| 11 | 3035957 | 27.03.2019 |
| 12 | 3035972 | 27.03.2019 |
| 13 | 3299524 | 05.04.2019 |
| 14 | 3299525 | 04.05.2019 |
| 15 | 3299530 | 05.04.2019 |
| 16 | 3299531 | 04.05.2019 |
| 17 | 3344401 | 08.04.2019 |
| 18 | 3346119 | 08.04.2019 |
| 19 | 3346211 | 08.04.2019 |
| 20 | 3346214 | 08.04.2019 |
| 21 | 3372758 | 09.04.2019 |
| 22 | 3372908 | 09.04.2019 |
| 23 | 3372910 | 09.04.2019 |
| 24 | 3424720 | 11.04.2019 |
| 25 | 3468224 | 13.04.2019 |
| 26 | 3468229 | 13.04.2019 |
| 27 | 3520284 | 16.04.2019 |
| 28 | 3528877 | 16.04.2019 |
| 29 | 3528899 | 16.04.2019 |
| 30 | 3531122 | 16.04.2019 |
| 31 | 3615591 | 20.04.2019 |
| 32 | 3680623 | 23.04.2019 |
| 33 | 3680630 | 23.04.2019 |
| 34 | 3681065 | 23.04.2019 |
| 35 | 3681066 | 23.04.2019 |
| 36 | 3722824 | 25.04.2019 |
| 37 | 3722836 | 25.04.2019 |
| 38 | 3723127 | 25.04.2019 |
| 39 | 3808099 | 29.04.2019 |
| 40 | 3812942 | 29.04.2019 |
| 41 | 3923030 | 03.05.2019 |
| 42 | 3923340 | 03.05.2019 |
| 43 | 3944997 | 04.05.2019 |
| 44 | 3944999 | 04.05.2019 |
| 45 | 4019302 | 08.05.2019 |
| 46 | 4019304 | 08.05.2019 |
| 47 | 4019306 | 08.05.2019 |
| 48 | 4019477 | 08.05.2019 |
| 49 | 4101837 | 11.05.2019 |
| 50 | 4101912 | 11.05.2019 |
| 51 | 4137456 | 13.05.2 |
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