The Bombay High Court quashed order of the Commissioner of Customs on the ground that no hearing for renewal of courier license under Courier Imports and Exports (Electronic Declaration and Processing) Regulations, 2010.
The Petitioner, Aramex India Private Limited, is engaged in international carriage of time sensitive documents and parcels on scale. Petitioner was registered as an authorized courier under the Courier Imports and Exports (Clearance) Regulations 1998. The Petitioner is aggrieved by the orders passed by the Commissioner of Customs, Airport Special Cargo refusing to renew the registration of the Petitioner.
The registration and recognition of a courier as ‘authorized courier’ is regulated by the Courier Imports and Exports (Clearance) Regulations 1998 and the Courier Imports and Exports (Electronic Declaration and Processing) Regulations, 2010. Regulation 10 of the Regulations of 2010 deal with registration of couriers.
According to the Petitioner, since 1996 its courier license was renewed from time to time. The renewal granted to the Petitioner was for two years. Before the expiry of the registration period, Petitioner made an application for renewal on as per the Regulations.
Apart from the contention of the Petitioner that the appeal was maintainable, it is also sought to be contended that while refusing to issue the license or renew the license, no opportunity of any hearing was given to the Petitioner. The Petitioner has relied upon decision of the Division Bench of this court in the case of A.S.Vason and sons v. Union of India.
The Counsel for the Respondents contended that the Petitioner has not asked for hearing; therefore, the decision in the case of A.S.Vasan and sons will not apply.
The Coram consisting of Justices Nitin Jamdar and Abhay Ahuja observed that “The decision taken without giving opportunity to explain will thus have to be set aside. Non-renewal therefore had serious implications for the Petitioner. We therefore are of the opinion that the view taken by the Division Bench in the case of A.S.Vasan and sons should also be extended to the Petitioner.”
Keywords: hearing, renewal, courier license, Courier Imports and Exports (Electronic Declaration and Processing) Regulations, 2010, Bombay HC, Commissioner of Customs
Subscribe Taxscan Premium to view the JudgmentSupport our journalism by subscribing to Taxscan premium. Follow us on Telegram for quick updates
