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Falcon India (Customs Broker) vs Commissioner Of Customs (Airport & ... on 13 October, 2022

Author: Rajiv Shakdher

Bench: Rajiv Shakdher

                            $~1
                            *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                            +      CUSAA 80/2022
                                   FALCON INDIA (CUSTOMS BROKER)          ..... Appellant
                                                 Through: Ms Kavita Swaroop, Advocate.

                                                       versus

                                   COMMISSIONER OF CUSTOMS
                                   (AIRPORT & GENERAL)                  ..... Respondent
                                                 Through: Mr Satish Kumar, Sr.     Standing
                                                          Counsel.
                                   CORAM:
                                   HON'BLE MR. JUSTICE RAJIV SHAKDHER
                                   HON'BLE MS. JUSTICE TARA VITASTA GANJU
                                                       ORDER

% 13.10.2022 Physical Hearing/Hybrid Hearing (as per request)]

1. This appeal is directed against the order dated 21.03.2022 rendered by the Customs, Excise and Service Tax Appellate Tribunal [in short "the Tribunal"].

2. Via the impugned order, the Tribunal has sustained the order revoking the license of the appellant and forfeiture of the security deposit amounting to Rs.1,10,000/-.

2.1. However, the penalty imposed on the appellant amounting to Rs.50,000/- has been set aside.

3. The appellant is, concededly, a customs broker. The main allegation levelled against the importer concerns the undervaluation of the subject imported goods.

4. The appellant's plea, however, is that these aspects were not known to it and therefore, the impugned order is erroneous.

5. We are of the opinion that the matter requires examination. 5.1. Accordingly, issue notice to the respondent. 5.2. Mr Satish Kumar, learned senior standing counsel, accepts notice on behalf of the respondent.

6. Since this is an appeal, counsels for the parties say that they will file their written submissions in the matter. 6.1. It is ordered accordingly.

7. Written submissions, not exceeding three pages each, will be filed, at least five days prior to the next date of hearing.

8. List the matter on 18.05.2023.

RAJIV SHAKDHER, J TARA VITASTA GANJU, J OCTOBER 13, 2022/pmc Click here to check corrigendum, if any CUSAA 80/2022 2/2 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:28.10.2022 14:39:41