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Cus - Rejection of application for grant of Customs Broker's licence - only broker can file appeal before CESTAT against order of suspension - Applicants are not brokers - prima facie appeal does not lie before Tribunal: CESTAT

By TIOL News Service

MUMBAI, JULY 07, 2015: APPLICATIONS filed by applicants for grant of Customs Broker's licence was rejected by the Commissioner of Customs (Export), Nhava Sheva.

Against these orders of "rejection" the applicants have filed appeals and Early hearing applications before the CESTAT.

The ground is that the applicants are ordinary employees and earning Rs.5000/- per month who have arranged Rs.5 lakhs for security and deposited with the department; that their application for CHA licence was rejected in complete violation of principles of natural justice; that delay in deciding appeal will result in irreparable loss to the applicants and also violation of fundamental rights of the applicants granted under Article 14 and 21 of the Constitution of India; that as per the provisions in the CHALR, 2004 the appeal in such matters to be decided within one year by the Appellate Authority; that in various cases Tribunal has consistently allowed early hearing on the issue of CHA licence.

Considering the reasons given for early hearing as satisfactory, the Bench allowed the early hearing applications.

However, after going through the appeal papers, the CESTAT viewed -

"…we prima facie found that the appeal filed against rejection of application for customs broker licence. As per the Regulation 21 of CBLR, 2013 only Customs broker can file the appeal under Section 129A of the Customs Act, 1944 (sic) before the CESTAT. We find that in the present case the applicants are not customs brokers and under section 146(2)(f) of the Regulations appeal can be made only against the order of suspension or revocation of licence."

Observing that the applicants are firstly neither custom broker nor order impugned is order for revocation or suspension, the Bench held - "Therefore, in our prima facie view the appeal against rejection of application for custom broker licence does not lie before this Tribunal, therefore, the matter is listed for hearing on maintainability on 31/7/15."

In passing: On our part, we will keep you posted…

(See 2015-TIOL-1352-CESTAT-MUM)


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