Delhi High Court - Orders
Commissioner Of Customs (Airport And ... vs Primus Logistics Pvt. Ltd on 7 August, 2025
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~37
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CUSAA 103/2025, CM APPL. 48294/2025 & CM APPL.
48295/2025
COMMISSIONER OF CUSTOMS (AIRPORT AND GENERAL),
NEW DELHI .....Appellant
Through: Ms. Anushree Narain, Adv.
versus
PRIMUS LOGISTICS PVT. LTD. .....Respondent
Through: None.
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE SHAIL JAIN
ORDER
% 07.08.2025
1. This hearing has been done through hybrid mode. CM APPL. 48294/2025 (for exemption)
2. Allowed, subject to all just exceptions. Application is disposed of. CM APPL. 48295/2025 (for delay)
3. This is an application for condonation of delay in re-filing. For the reasons stated in the Application, the delay is condoned. Application is disposed of.
CUSAA 103/20254. The present appeal has been filed by the Appellant- Commissioner of Customs (Airport & General), New Delhi under Section 130G of the Customs Act, 1962, inter alia, assailing the final order dated 6th August, 2024 passed by the Customs Excise and Service Tax Appellate Tribunal (hereinafter, 'CESTAT') in Customs Appeal No. 50306/2024 (hereinafter, 'impugned This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/08/2025 at 22:07:46 order').
5. Vide the impugned order, the CESTAT has set aside the Order-in- Original dated 29th January, 2024 (hereinafter, 'OIO') passed by the Office of the Commissioner of Customs (Airport and General).
6. While passing the impugned order, the CESTAT has come to the conclusion that the Show Cause Notice dated 9th August, 2023 (hereinafter 'SCN') is vague in nature and does not even state the allegations in respect of violation of the regulations alleged to be committed by the Respondent.
7. The Court has examined the OIO as also the SCN. The Customs Broker License of the Respondent was revoked, along with imposition of penalty vide OIO dated 29th January, 2024. The operative portion of the said OIO reads as under:
"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 License No.R-
75/DEL/CUS/2016 valid upto 14.09.2026 of M/s Primus Logistics Pvt Ltd (PAN No. AA1CP7526R);
(ii) I direct the CB to immediately surrender the Original CB License No. R-75/DEL/CUS/2016 valid upto 14.09.2026 (PAN No. AAICP7526R); along with all 'F/G/H' Cards issued there under;
(iii) I order for forfeiture of the whole amount of security deposit furnished by them:
(iv) I impose a penalty of Rs.50,000/-(Rupees fifty thousand only) on M/s Primus Logistics Pvt Ltd (PAN No. AAICP7526R) under regulation 18 of CBLR, 2018."
8. The said OIO has been set aside by the CESTAT simply without This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/08/2025 at 22:07:46 discussing the facts and based upon a general observation.
9. Accordingly, issue notice.
10. Let a reply be filed within four weeks. Rejoinder thereto be filed within four weeks thereafter.
11. List before the Joint Registrar on 25th August, 2025.
12. List before the Court on 8th October, 2025.
13. The impugned order shall remain stayed till the next date of hearing.
PRATHIBA M. SINGH, J.
SHAIL JAIN, J.
AUGUST 7, 2025 dj/ss This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/08/2025 at 22:07:46