M/S. Cargo Care International vs. Commissioner Of Customs

WP(C)/14202/2022HC KeralaGSTCNR KLHC01028598202220 June 2022Bench: HONOURABLE MR. JUSTICE GOPINATH P.6 pages

For Petitioner: P.A.AUGUSTIAN, JOVIT LOBO

AI SummaryRemanded

Held

The High Court set aside the suspension order (Ext.P4) because it did not state any compelling reason or grave urgency for immediate action, as required by the Customs Broker Licensing Regulations. The Court directed the respondent to reconsider the matter after a fresh hearing within ten days, while clarifying that the suspension would continue until a new decision is made.

Facts

A Customs Broker's license was suspended by the Commissioner of Customs for alleged failure to conduct due diligence and KYC norms regarding an export consignment found to contain prohibited red sanders instead of declared oil tanks. The petitioner challenged the suspension order, arguing it lacked justification for immediate action.

Key Issues

Whether the suspension of a Customs Broker's license without stating grave urgency, as required by the regulations, is legally sustainable, and whether the petitioner fulfilled due diligence and KYC norms.

Sections Cited

Regulation 16 of Customs Broker Licensing Regulation, 2018

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. MONDAY, THE 20TH DAY OF JUNE 2022 / 30TH JYAISHTA, 1944 WP(C) NO. 14202 OF 2022 PETITIONER: M/S. CARGO CARE INTERNATIONAL, 2ND FLOOR, HINA HOUSE, K.P.K. MENON ROAD, WILLINGTON ISLAND, COCHIN-682 003, REPRESENTED BY ITS MANAGING PARTNER BENNY FRANCIS, AGED 64 YEARS, S/O.LATE FRANCIS. V.M., R/O. VAZHAPPILLY HOUSE, EXCELOL PARK, STP ROAD, ELAMKULAM, KADAVATHARA POST,-682 020. BY ADVS. P.A.AUGUSTIAN JOVIT LOBO RESPONDENT: COMMISSIONER OF CUSTOMS, CUSTOM HOUSE, WILLINGTON ISLAND, COCHIN-09. BY ADV P.G.JAYASHANKAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No.14202/2022 2

JUDGMENT The petitioner has approached this Court challenging Ext.P4 order by which its licence issued in terms of Ext.P5 Regulations has been suspended on the allegation that the petitioner failed to carry out due diligence and follow KYC norms in respect of a export for which the petitioner had filed documents on behalf of the exporter. It is alleged that, in a consignment of oil tanks in respect of which the documents were filed, 2150 Kgs o

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Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.