The petitioner, a customs broker, prayed for quashing of an order revoking their licence. The court allowed the writ petition, setting aside the impugned order in view of the CESTAT decision allowing the petitioner's appeal.
The Order-in-Original dated 04.11.2015 is set aside and the Writ Petition is allowed.
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lIN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.09.2019
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH
W.P. No.5442 of 2016 and W.M.P. No.4744 of 2016
M/s.Geeta Clearing and Forwarding Agencies Pvt. Ltd., Represented by its Managing Director Mr.MUnirathnam N.Lakkaraja,
Door No.65 (Old No.31), SMJ Moore Plaza, 3rd Floor, Moore Street, Muthialpet, George Town, Chennai – 600 001. ...Petitioner Vs The Commissioner of Customs, Chennai – VIII Commissionerate, Custom House, No.60, Rajaji Salai, Chennai – 600 001. ... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ or order of direction or any other Writ in the nature Writ of Certiorari, to call for the records of the respondent culminating in the Order-inOriginal No.42515/2015 dated 04.11.2015 issued from File No.S2/20/2012-CHA and quash the same.
For Petitioner : Mr.S.Murugappan For Respondents : Mr.S.R.Sundar, Standing Counsel O R D E R
Both learned counsel concur on the position that the Customs, Excise and Service Tax Appellate Tribunal by order dated 19.02.2019 has allowed the Appeal of the petitioner challenging order dated 23.07.2018 of the Principal Commissioner of Customs (General), Mumbai issued under the Customs Brokers Licensing Regulation, 2013.
Section has passed a consequential order dated 11.07.2019 to the following effect.
' NOTICE No.24/2019-20 It is hereby brought to the notice of all the concerned that, in compliance of Hon'ble CESTAT Order No.A/85328/2019 dated 19.02.2019, the revocation of Customs Broker Licence of CB M/s Geeta Clearing and Forwarding Pvt. Ltd. (CB No.11/927) [PAN No.AACCG9600M] ordered vide Order-inOriginal CAO No.10/CAC/PCC(G)/SKD/CBS (admn) dated 23.07.2018 issued by the Commissioner of Customs (General), NCH Mumbai-I is withdrawn and the CB License is re-stored.' 3. Recording the same, the order-in-original dated 04.11.2015 stands set aside and the Writ Petition is allowed. Connected Miscellaneous Petition is closed. No costs.
Sd/Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar rkp To The Commissioner of Customs, Chennai – VIII Commissionerate, Custom House, No.60, Rajaji Salai, Chennai – 600 001. +1cc to Mr.S.Murugappan , Advocate SR.No. 79436 +1cc to Mr.S.R.Sundar , Advocate SR.No. 79742 W.P. No.5442 of 2016 & W.M.P. No.4744 of 2016 A.SK(23/10/2019)
1 issue framed by the court
Whether the writ petition filed seeking quashing of an order revoking custom broker licence should be allowed following the appellate tribunal's decision.
2 provisions across 2 enactments
M/s. Geeta Clearing and Forwarding Agencies Pvt. Ltd.
The Commissioner of Customs, Chennai – VIII Commissionerate
Anita Sumanth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
