Renewal of the Custom Broker Licence cannot be refused only for the reason that the appellant has been penalised under Section 114

Renewal of the Custom Broker Licence cannot be refused only for the reason that the appellant has been penalised under Section 114

2018 (5) TMI 929 - CESTAT NEW DELHI

M/S GLOBAL MARINE AGENCIES VERSUS CC (PREV.) , JAIPUR

Regulation 18 (proviso) makes it abundantly clear that the actions taken under the CBLR, 2013 will be without prejudice to the action that may be taken under Customs Act, 1962, thereby making it explicit that the proceedings under the Act as well as the Regulation are distinct and separate. In other words, imposition of penalty  u/s 114 of Customs Act is itself not a misconduct under CBLR’13.Before such an action can be considered as misconduct, the licencing authority is required to examine whether any regulations have been contravened, through a process of formal enquiry. Unless such procedure has been completed, it will not be proper to view such penalties as misconduct for purposes of Regulation 9(2).