Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 25, Cited by 0]

Custom, Excise & Service Tax Tribunal

Paramount Cargo And Logistics ... vs New Delhi on 31 July, 2020

                                        1
 CUSTOMS, EXCISE & SERVICE TAX APPELLATE TRIBUNAL
                    NEW DELHI.

                   PRINCIPAL BENCH - COURT NO. II

                  Customs Appeal No. 51143 of 2019

(Arising out of order-in-original No. 12/MK/Policy/2019 dated 13.02.2019 passed by
the Commissioner of Customs (Airport & General) New Custom House, New Delhi).

M/s Paramount Cargo & Logistics Solutions                    Appellant
          st
A-398/7, 1 Floor, Road No. 2
Mahipalpur Extn., New Delhi-110037.

                                      VERSUS

Commissioner of Customs (Airport & General)                  Respondent

New Customs House, Near IGI Airport New Delhi-110037.

APPEARANCE:

Shri Ramakant Gaur, Ms. Sneha Arya & Ms. Shubhkriti Gaur, Advocates for the appellant Shri Rakesh Kumar, Authorised Representative for the respondent CORAM:
HON'BLE MR. ANIL CHOUDHARY, MEMBER (JUDICIAL) HON'BLE MR. C. J. MATHEW, MEMBER (TECHNICAL) FINAL ORDER NO. 50732/2020 DATE OF HEARING: 13.02.2020 DATE OF DECISION: 31.07.2020 ANIL CHOUDHARY:
This appeal by the appellant, Customs Broker is against the Order-in-Original dated 13.02.2019 by which the Custom Broker Licence No. 34/DEL/CUS/2007 (Pan No.AAIFP4144L), valid upto 24.10.2027, have been revoked alongwith order for forfeiture of whole amount of deposit of Rs.75,000/- and further imposing penalty of Rs.50,000/-.
2

2. Brief facts of the case are that the Officers of Special Cell of Delhi Police intercepted a consignment of drugs from the truck parking lot of the Cargo Complex of Delhi Airport, and the said consignment (loaded on Mahindra three wheeler) was found to be containing narcotics drugs and psychotropic substances. On investigation by Delhi Police, and further in co-ordination with the Customs, it appeared that such prohibited goods were attempted to be exported vide Shipping Bill No. 4933845 dated 17.05.2018, which was filed through appellant Customs Broker. The said consignment pertains to M/s Hindustan Exim India, having IEC (Prop. Ashish Sharma). The goods declared in the shipping bill were 'Note books, ladies leather wallet, leather bag, brass artwares, silk ladies dress, silk ladies trouser, cotton wall hangings, cotton poncho, ladies silk top, cotton lace pkt, cotton cushion cover and cotton money belts', destined for London Metropolitan Port.

3. Shri Ashish Sharma was arrested by the Delhi Police (accompanying the goods) who had presented papers in respect of the said consignment for the purpose of custom clearance. In his interrogation, Shri Ashish Sharma inter alia stated that he is the Proprietor of M/s Hindustan Exim India and does not have any authority in the appellant's CHA firm. He also admitted that in the past also he had cleared and exported several such consignments containing narcotic drugs and psychotropic substances concealed in them, for which export documents were filed by him through the appellant CHA. It appeared to Revenue that appellant CHA allowed an unauthorised person - Shri Ashish Sharma, to misutilise their CHA 3 licence, for smuggling of NDPS goods. Thus, rendering themselves liable for proceedings under the provisions of the Customs Act read with the Customs Brokers Licensing Regulations, 2018 (CBLR 2018), in view of the offence report dated 04.06.2018 sent by Commissioner of Customs, ACC (Exports,) New Custom House, New Delhi to the Commissioner (Airport & General), New Custom House, New Delhi. It appeared that appellant Customs Broker have connived with the exporter in the attempted export of contraband goods and hence mis- utilised the CHA CB licence. Accordingly, the CB licence was suspended vide order dated 07.06.2018 and thereafter post decisional hearing was allowed on 18.06.2018, and after considering the written submissions dated 19.06.2018, the suspension was confirmed vide order dated 22.06.2018 under the Regulation 16(2) of CBLR, 2018.

4. It appeared to Revenue that appellant had not obtained any authorisation from the exporting firm M/s Hindustan Exim India and further allowed CB licence to be used for exporting of NDPS goods. Shri Ashish Sharma had done the online transaction using the access code of the CB without any authority, as per his statement before the Delhi Police. Further, appellant in the written submissions dated 19.06.2018 (prior to issue of show cause notice), pointed out that Customs Department have not conducted any independent investigation in the matter and have referred and relied upon the excerpts of investigation conducted by the officers of Special Cell, Delhi Police. Further, appellant CB failed to bring the matter to the notice of the Deputy Commissioner of Customs or the Assistant Commissioner of 4 Customs at any stage. Accordingly, show cause notice dated 30.08.2018 was issued by the Commissioner of Customs (Airport & General), alleging failure by the appellant to perform his duties in the capacity of Customs Broker particularly under Regulation 1(4), 10(a),

(b), (d) and (e) of CBLR, 2018. Accordingly, the appellant was required to show cause as to why they not be held responsible for contravention of various provisions of the Regulations under Custom Broker Licensing Regulation, 2018, and why their licence should not be revoked, and part or whole of security deposit at the time of issuance of the licence should not be forfeited, and why not penalty be imposed under Regulation 18 read with Regulation 17 of CBLR, 2018. Shri Jamir Ahmed, Assistant Commissioner, ACC-Import Commissionerate was appointed as 'Inquiry Officer' directing him to report within ninety days of the issuance of the show cause notice. The relied upon documents as per the show cause notice were - 'offence report' (RUD-

1) alongwith its enclosures received from Air Cargo Export Commissionerate , New Delhi dated 04.06.2018.

5. The appellant filed reply to the show cause notice on 18.09.2018, before the Inquiry Officer stating that the Special Cell of Delhi Police had arrested four persons namely; (i) Shri Ashish Sharma S/o Radha Raman Sharma (ii) Asim Ali S/o Yasin Khan (iii) Parveen Saini S/o Moti Lal and (iv) Rajinder S/o Dall Chand, who were allegedly involved in the drugs syndicate. The seized drugs were Mephedrone, Methaqualon and other various drugs, tablets like Diazepam, Lorazepam, Nitrazepam, Alprazolam, etc. Shri Parveen Saini is the keyman or 5 kingpin operating in Delhi. On 18.05.2018, Delhi Police has got some information that Parveen Saini will book a consignment of various drugs concealed in several parcels of miscellaneous items to be exported to London (U.K.) from Customs Cargo of IGI Airport, Delhi. The consignment of such goods will arrive at truck parking of Custom House of IGI Airport, by the evening. It also transpires that Shri Ashish Sharma working as an export house agent, which prepared the customs clearance documents, in the evening of 18.05.2018, the Delhi Police at about 9.30 p.m. identified a Mahindra Champion Tempo in the parking area of IGI Airport, and two persons were found present near it, who were pasting some stickers on the cartons. These persons were identified as Asim Ali and Ashish Sharma. Both of them were arrested. On inspection, it was found that all the cartons are booked for London (U.K.) and airway bill of an international airline was found pasted on each carton. The cartons appeared to be ready to be moved for custom clearance, gate pass of the tempo for cargo complex was also found. The Delhi Police searched and on examination of the 27 cartons in a preliminary manner, found that four out of total 27 boxes contained contravened drugs. The details of which are, 3.5 lakh drug tablets namely Diazepam, Lorazepam, Nitrazepam, 1 kg. of Methaqualone drug and 900 grams of Mephedrone. FIR No. 64/2018 dated 19.05.2018 was registered with the Special Cell, Delhi by SI Somal Sharma against Shri Ashish Sharma and Shri Asim Khan for the contravention of the Sections 22, 23, 29 and 38 of NDPS Act. In the course of further investigation, the Police arrested Rajinder. 6

6. Shri Ashish Sharma in his interrogation by the Police inter alia stated that he worked as a Customs House Agent and was also running export firm namely M/s 'Hindustan Exim India' for the last five years. He met Parveen Saini about a year ago and on coming to know that Parveen Saini was engaged in export of drugs and there were handsome returns, he also colluded with him to make quick money and the present consignment was being attempted to be exported under his firm - M/s Hindustan Exim India. Similarly, the other persons Asim Ali, Parveen Saini and Rajinder also stated before the Police that they have knowingly involved themselves in export of contraband drugs for handsome remuneration.

7. Earlier on being summoned by Special Cell, Delhi Police under Section 91 read with 160 of CPC, the appellant had appeared on 22.06.2018 and had explained the procedure for export of shipment, and the appellant was made a witness by the Special Cell, Delhi Police.

8. The Counsel for appellant states that the respondent authority have blindly relied upon the statement of Shri Ashish Sharma (before Police) for making allegations in the show cause notice, as per the investigation conducted by Delhi Police. It is evident on the face of record that the appellant CHA - Shri Rajesh Pant have nothing to do with the alleged offence. Rather he is the victim of the fraud committed by the accused Shri Ashish Sharma and others who have fraudulently used / misused the CB licence of the appellant, in gross abuse of process of law. Shri Ashish Sharma has impersonated himself as a 'Customs House Agent' and thus committed offence under Section 7 419 of the IPC. It has come in the record in the investigation of the Delhi Police, that the drugs syndicate including Shri Ashish Sharma were sending consignment of contraband goods with the help of some officials posted in the customs clearance section particularly at the X- ray machine. The appellant CHA have been wrongly implicated and charged for violation of the CBLR provisions.

9. Learned Counsel for the appellant urges that the appellant have never communicated with the said Ashish Sharma, nor was aware of the contraband nature of the consignment.

10. Learned Counsel further urges that the Customs Department had not conducted any independent investigation in the matter and simply relied upon the excerpts of investigation by the Delhi Police resulting into mis-carriage of justice.

11. Learned Counsel further urges that the impugned order is also bad for denial of proper opportunity of hearing, as the relied upon documents (RUD's), inspite of repeated request, were never provided. The appellant never received the copy of suspension order dated 07.06.2018, and no other documents. Thus, the impugned order is vitiated by violation of principles of natural justice. Learned Counsel further urges that revocation of CB licence of the appellant is wholly arbitrary and without application of mind.

11.1 Learned Counsel further urges that the whole case of the Department is made on the basis of statement of one Ashish Sharma who have neither been examined in the proceedings under CBLR nor 8 have been produced for cross-examination and accordingly his statement before the Police Officer is not reliable for the purposes of proceedings under CBLR, 2018. The same is also being hit by Section 24 of Evidence Act read with Section 138C of the Customs Act. 11.2 It is further alleged in the show cause notice that the appellant CB have allowed unauthorised use of his licence and contravention of the provisions of Regular 1(4) of CBLR, 2018, (i) the appellant have not obtained proper authorisation from the exporter M/s Hindustan Exim India, and have not fulfilled their obligation under Regulation 10(a), 2018 read with Regulation 11(a) of CBLR, 2013; (ii) as required under Regulation 10(b) of Regulation, 2018, the appellant was required to transact business in the customs station either personally or through an authorised employee duly approved by the appropriate Customs Officers; (iii) as required under Regulation 10(d) of 2018 the appellant was required advice his client to comply with the provisions of the Customs Act and other allied Acts, Rules and Regulations thereof and in case of non compliance, bring the matter to the notice of the Customs Authority and (v) as per the Regulation 10(e) CBLR, 2018, appellant was required to exercise due diligence to ascertain the correctness of any information which he imparts to a client with reference to any clearance related works.

11.3 Learned Counsel points out, in reply to the show cause notice the appellant had urged that first they received the documents 'invoice, packing list' through mail, based on which they have prepared the checklist and sent the same to the exporter for approval. 9 After receiving the shipping bill number from Icegate, the checklist with shipping bill number is sent to the exporter for his reference and necessary action. Once the goods are ready with the exporter for despatch, the complete details like AWB copy, if arranged by the shipper is sent to them to complete the rest of the process. After arrival of the goods at the customs gate / port, a token is issued to cart the goods in the export warehouse by the Customs Department/ custodian and thereafter necessary customs formalities are completed and cargo is handed over to the custodian for further movement. 11.4 It is further urged that shipping Bill No. 4933845 dated 17.05.2018 was filed by them after they received invoice cum checklist from exporter, the checklist was prepared by them and the same was sent to the exporter for approval. On receipt of approval, the checklist was submitted to Icegate (website of Customs) and the shipping bill number was generated. The checklist with shipping bill number was sent to the exporter for his reference and shipping instructions. The appellant also submitted a copy of the checklist and invoice relating to the said shipping bill.

11.5 It is further urged that the adjudicating authority have reiterated the findings of the Special Cell of Delhi Police as per their FIR/ charge sheet, wherein the present appellant have not been charged for any alleged offence rather he was made a prosecution witness by the Delhi Police. Further, the adjudicating authority recorded his finding as follows:-

10

(i) Every CHA can have two kind of users - a principal (F Card holder) and their employee (G Card holders)
(ii) Principal user is required to approve the registration of their employee, as child users. These employee users are to be disabled by the principal user as soon as employee quits.
(iii) After completing the registration process successfully, the users are advised to wait for the registration request to get approved by the Department. This approval is sent by an acknowledgement e-mail with the login credentials user ID and password.
(iv) An entity CB registered with Icegate website can register with only one F card holder whose name is endorsed on the Customs Broker Licence. This registration process keeps a check on impersonation and repudiation. The user is also required to upload the PAN copy and particulars are verified online by the Customs. Once the registrant affirms their data, further process of data capturing is initiated. All the users are required to use their Digital Signature Token, it is required to be uploaded at the time of registration. Further, the registered user / CHA or employee is required to upload one of the documents like, Aadhaar Card, Driving Licence, passport and Voter ID Card as ID proof.

11.6 It was further concluded that under such circumstances and procedure it could not have been possible for the said Ashish Sharma, Prop. of M/s Hindustan Exim India to file the shipping bill in dispute 11 and /or earlier other shipping bills using licence of the appellant CB, unless allowed by the appellant. Thus, the appellant CB have violated the Regulations 10(a), (b), (d) and (e) of CBLR, 2018 in as much as:-

(a) They did not obtain any authorisation from M/s Hindustan Exim India by whom he was for the time being employed as a Customs Broker, nor produced such authorisation to the Deputy/ Assistant Commissioner of Customs. Since no such authorisation has been produced.
(b) They did not transact business in the Customs Station either personally or through an authorised employee duly approved by the Deputy / Assistant Commissioner of Customs, but through an unauthorised person Shri Ashish Sharma, Proprietor of M/s Hindustan Exim India. Since no mail correspondence has been produced to show exchange of information and documents between the said Customs Broker and Ashish Sharma;
(d) They did not advise his client M/s Hindustan Exim India to comply with the provisions of the Act, other allied Acts and the Rules and regulations thereof, as it was revealed that the exporter has cleared and exported several such consignments in the past also with NDPS concealed in them and papers of all such consignments were filed by Ashish Sharma using CHA Licence of 'M/s Paramount Cargo and Logistics solutions', whereas he does not hold any authority in that CHA firm. Further, in case of non-

compliance, they did not bring the matter to the notice of the Deputy/ Assistant Commissioner of Customs;

12

(e) They did not exercise due diligence to ascertain the correctness of any information which he imparted to his client - M/s Hindustan Exim India with reference to the work related to clearance of export cargo. Since the exporter was found to be regularly indulging in smuggling of NDPS.

11.7 It is further observed that the defence of the CB - Rajesh Pant that he has nothing to do with the alleged offence and was a victim of the fraud committed by the said Ashish Sharma, is not acceptable. 11.8 Learned Counsel further urges that, as the interception of the tempo containing contraband goods was in the truck parking area of cargo complex, no offence is made out under the Customs Act as Section 113(d) of the Customs Act, 1962 provides - any goods attempted to be exported or brought within the limits of any customs area for being exported, contrary to any prohibition imposed by or under this Act or any other law for the time being in force shall be liable to confiscation. Learned Counsel further urges that the trap in the parking of cargo terminal within the customs area, the said contention was rejected by the Enquiry Officer observing that the contraband goods contained in 4 out of total 27 boxes / cartons had been unloaded near the tempo in the truck parking area, and the said cartons were booked for London and Airway Bill of an International airlines was found posted pasted on each carton(s). All such cartons were ready to movement for custom clearance and gate pass of the tempo was also found from them.

13

11.9 The Inquiry Officer have further observed that as regards involvement of the appellant CB, an attempted export of contraband goods - NDPS, the said matter is under investigation by Delhi Police under the NDPS Act and further action shall be taken by the Delhi Police on the outcome of their investigation. It was concluded by the Enquiry Officer that the allegation of misuse of CB licence by the appellant is amply proved.

12. Pursuant to submission of enquiry report a copy of the same was received by the appellant vide letter dated 20.11.2018. The appellant filed their objections on 01.02.2019 reiterating their submissions already made before the Enquiry Officer. It was also contended that the whole case of Revenue is based on the statement of Ashish Sharma as recorded by the Delhi Police and a copy of which have not been supplied to the appellant so far. It was also urged that the charge sheet in the alleged offence under NDPS Act against the said Ashish Sharma and others have been filed before the Special Cell, Delhi Police before the Additional Session Judge, Patiala House, under registration No. 378/2017 dated 13.11.2018, against all the accused persons, on which cognizance have been taken (the charge sheet was enclosed with the reply). Further, the appellant also by their letter dated 05.12.2018 prayed for allowing cross-examination of the witness of the Department and for grant of personal hearing in accordance with law. Attention was also drawn to the 'enquiry report', wherein the Enquiry Officer have observed - that any further action will be taken on the basis of the outcome of investigation by the Delhi Police. It was 14 further pointed out that there is no charge against the appellant CB in the charge sheet submitted by the Delhi Police in the matter. According to the charge sheet, the Police have examined the other Customs Brokers on summons including the appellant and had also called for documents relating to shipping bill from the appellant which have been furnished. Although, the inquiry report was finalised and issued by the Enquiry Officer on 20.11.2018, after a week of the filing of the charge sheet by the Delhi Police, but the said charge sheet have not been referred to or relied upon by the Enquiry Officer. It was also pointed out that in its investigation, the Delhi Police have also examined call detail report of the persons including the present appellant as well as their bank account and have not found any money trail nor any involvement of the appellant, in any way or any suspicious call related to this appellant.

13. It was further observed by the Enquiry Officer that the appellant did not file the copy of e-mail communication with M/s Hindustan Exim India. It is urged that the same has already been submitted during the adjudication proceedings. As regards the alleged misuse by the said Ashish Sharma, it was urged that the registration process of the CB on Icegate is a onetime process and the filing of documents does not require login id and password of the CB, to obtain the shipping bill number. Thus, the allegation that appellant allowed the misuse of licence is baseless. The appellant also reiterated its request for cross- examination of Ashish Sharma and other witness, if any, relied upon by the Revenue. It was also pointed out before the respondent 15 Commissioner that the appellant is yet to receive the RUDs (relied upon in the show cause notice and thus prejudiced from making any effective representation).

14. Learned Commissioner observed that the appellant have so far not produced any authorisation from M/s Hindustan Exim India, engaging them as its Customs Broker and further confirmed the report of the Enquiry Officer. Learned Commissioner placed reliance on the statement of Ashish Sharma before the Delhi Police. Further, as regards the prayer of the appellant for cross-examination of witnesses, it was observed that the said prayer cannot be considered at this stage, as the matter is dealt with as per NDPS Act and charge sheet was filed by the Delhi Police in the Court of Session Judge, New Delhi. It was observed, on the basis of charge sheet submitted by the Delhi Police, the appellant cannot be acquitted under CBLR, and was accordingly pleased to pass the impugned order revoking the CB licence of the appellant alongwith forfeiture of the whole security deposit of Rs. 75,000/- as well as penalty of Rs.50,000/-.

15. Being aggrieved, the appellant CB is before this Tribunal.

16. Learned Counsel have urged the grounds already reiterated as aforementioned and have further urged that Custom area have been defined in Section 2(11) of the Customs Act- 'Custom area' means the area of a custom station or a warehouse, and includes any area in which imported goods or export goods are ordinarily kept before clearance by customs authorities.

16

16.1 Learned Counsel further urges that as the seizure is from the truck parking area which is outside the custom premises, no case is made out of violation of the provisions of the Customs Act. It is urged that on the basis of statement of Shri Ashish Sharma the whole allegation is made against the appellant, who have been never examined by the customs authority at any stage, including adjudication of the present show cause notice. Thus, the said statement of Ashish Sharma is not a reliable piece of evidence and as such the whole proceedings are vitiated. Further, admittedly the contraband goods in question have not been seized by the Customs authorities. No proceedings for confiscation etc. have been initiated by the Customs authority under the Customs Act for any alleged violation. Further, there have not been any investigation made by the Customs Officers in the office premises of the appellant CB. It is further urged that the impugned order is also vitiated for not providing the copy of RUDs nor providing opportunity of cross-examine the witness of Revenue - Ashish Sharma. It is further urged that the learned Commissioner have relied upon the report of the Enquiry report in a mechanical way without application of mind. Further, there is no justification for not following the rules of natural justice, thus vitiating the impugned order. It is further urged that it is the appellant CB who have generated the shipping bill number and given to the said Ashish Sharma - the exporter, for further use to obtain airway bill for custom clearance. There was nothing to raise the suspesion of the appellant and there is no case of any connivance made out on the part of the appellant. Further, the allegation of clearing of past consignment 17 containing contraband goods for Ashish Sharma is vague, and have got no legs to stand. It is further urged that the appellant CB has not violated any of the Regulation of CBLR as alleged. It is also urged that the impugned order is vitiated as there is no reference to the charge sheet submitted by Delhi Police on 30.11.2018 in the facts and circumstances. Admittedly, appellant have not been made an accused by the Special Cell of Delhi Police in their charge sheet. Learned Counsel further urges that the appellant has suffered irreparable loss and injury for no fault of his. Further, reliance is placed on the following rulings:-

i) Marks Logistics Mahavir & Co. Building v. The Commissioner of Customs - 2016 (344) ELT 519 (Tri. Bang.).
ii) Ashiana Cargo Services v. Commissioner -
MANU/CE/0571/2012: 2014 (302) ELT 161 (Del.)
iii) Kunal Travels (CARGO) vs. Commissioner of Customs (Import & General) -2017 (354) ELT 447 (Del.) - 2017 44 GSTR 37 (Del.)
iv) K.T.M.S. Mohd. V. Union of India - (1992) 3 SCC 178:
1992 SCC (Cri) 573

17. Opposing the appeal, learned Authorised Representative for Revenue Shri Rakesh Kumar urges that admittedly the appellant CB have filed the shipping bill. Shipping bill can be filed only on digital signature of the CHA or his authorised 'G card holder' (employee). It is further urged that the appellant CHA has failed to produce the authorisation given by the said M/s Hindustan Exim India. He further relies on the allegation made in the show cause notice and also relied on the Enquiry report and states that the alleged violation of Regulation(s) is proved.

18

18. Having considered the rival submissions and after going through the record, we find that the impugned order and the proceedings suffer from the following errors/ anomalies:-

18.1 Customs has blindly relied upon the investigation by the Delhi Police, but at the same time have erred in not referring to the charge sheet submitted by Delhi Police under NDPS Act before the Additional Special Judge, Patiala House (charge registration No. 378/2017 dated 13.11.2018).
18.2 We find that the relied upon documents have not been supplied to the appellant. Ashish Sharma, Prop. of M/s Hindustan Exim India, whose statement has been heavily relied in the present proceedings (which was recorded by the Delhi Police) was never examined by the Customs Authority at any stage or in this proceeding. Thus, the impugned order is bad for not complying with the mandate of Section 138B of the Customs Act. Even a copy of the statement was not supplied to the appellant. The Delhi Police as per their charge sheet, a copy of which is available in the appeal paper book, have mentioned that they have gone through the record of the appellant, verified the call detail records of the appellant alongwith the accused in the NDPS case, and also verified all bank accounts of these persons, but have not found any case of connivance between this appellant and the accused in the NDPS case. It is specifically mentioned in the charge sheet that the Police has not found any money trail concerning this appellant. In the circumstances, we do not find any case of connivance made out of 19 the appellant-CB with the said Ashish Sharma, Prop. M/s Hindustan Exim India and others.
18.3 We also find that the appellant have produced copy of authorisation given to them by M/s Hindustan Exim India, to act as their custom broker.
18.4 We further noticed that no show cause notice appears to have been issued in the alleged offence under the Customs Act so far. We further find that the adjudicating authority have accepted the report of the inquiry officer in a mechanical way, without application of mind.
19. In view of our findings and observations, we find that the impugned order is not sustainable and accordingly we set aside the same. The appellant is entitled to consequential benefit including restoration of their Custom Broker license. Accordingly, we direct the respondent Commissioner to restore the Customs Broker license of the appellant within a period of thirty days from the date of receipt / service of this order.
        (Pronounced on    31.07.2020).



                                                            (Anil Choudhary)
                                                             Member (Judicial)



                                                               (C. J. Mathew)
                                                            Member (Technical)

Pant