The New Delhi bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) quashed the cancellation of the Customs broker license on the ground of non-violation of regulations of 11(d), 11(e ), and 11(n) of the Customs Broker Licensing Regulations (CBLR) Rules,2013.
Trinity International Forwarders, the appellant assessee was a Customs Broker and the assessee appealed against the order passed by the Commissioner (Appeals) for cancelling the license and forfeiture of the security deposit and for the imposition of penalty.
Priyanka Goel, the counsel for the assessee contended that the Customs Broker was a stranger to this contract and has no locus standi concerning the transaction value.
Further submitted that the assessee had not violated the Regulations of 11(d), 11(e) or 11(n) of Customs Broker Licensing Regulations , 2013.
Rakesh Kumar, the counsel for the department contended that this was a serious violation of the regulations and that the revocation of the license of the assessee and forfeiture of security deposit and imposition of penalty are therefore, fully justified.
The Bench observed that Customs Broker had neither any authority nor any power to determine or re-determine the value for customs purposes either of any imported or exported goods.
The two-member bench comprising Rachna Gupta (Judicial) and Subba Rao (Technical) quashed the cancellation of the license of the appellant, forfeiture of the security deposit, and imposition of penalty on the assessee while allowing the appeal filed by the assessee.
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