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Showing contexts for: Customs Agent in The Commissioner Of Customs vs M/S.Daniel And Samuel Logistics Pvt Ltd on 3 March, 2016Matching Fragments
7.In Cargomar Vs. Commissioner of Central Exercise, Coimbatore reported in 2006 (203) E.L.T 549(Mad), suspension of the operation of licence of the customs or agent under the then Customs House Agents Licensing Regulations, 2004, now Customs Brokers Licensing Regulations, 2013, was challenged, on the grounds inter alia that there was no prior show-cause notice. Adverting to the above contention and after considering the relevant Regulations 20 to 23 of the Customs House General Licensing Rule, 1984 and the decision of Hon'ble Apex Court, as to when there would be a legal right to seek for a show-cause notice, before an adverse order is passed, at paragraph No.10 to 17 in Cargomar's case (cited supra), it is held that prior notice is not required in a case, where suspension of licence is resorted to by a competent authority.
10.Mr.R.Aravindan, learned Senior Panel Counsel for Central GovernmentLearned Senior Standing Counsel appearing for the appellants fairly admitted that though the nomenclature of Customs House Agents Licensing Regulations, 2004, has been changed in the year 2013, as Customs Brokers Licensing Regulations, 2013, Regulations 18 to 23 are paramateria to the earlier regulations. Accepting the same, we are of the view that the decision of Cargomar's case, can be made applicable to a case of interim suspension.
19. Suspension of licence.-
(1) Notwithstanding anything contained in regulation 18, the Commissioner of Customs may, in appropriate cases where immediate action is necessary, suspend the licence of a Customs Broker where an enquiry against such agent is pending or contemplated.
(2) Where a licence is suspended under sub-regulation (1), the Commissioner of Customs shall, within fifteen days from the date of such suspension, give an opportunity of hearing to the Customs Broker whose licence is suspended and may pass such order as he deems fit either revoking the suspension or continuing it, as the case may be, within fifteen days from the date of hearing granted to the Customs Broker :