The Hon’ble Lordship Justice G.R.Swaminathan of Madurai High Court had in a case dealing with suspension of CB license under Reg.16 of CBLR, 2018, had clearly held that Non-Parent Commissionerate cannot exercise his powers towards suspension, by invoking Reg.16 of CBLR, 2018. The learned judge while passing the judgment observed that Regulation 15, 16, 17 had to be read in conjunction and in line with

[08/11, 14:05] Sekarreporter: The Hon’ble Lordship Justice G.R.Swaminathan of Madurai High Court had in a case dealing with suspension of CB license under Reg.16 of CBLR, 2018, had clearly held that Non-Parent Commissionerate cannot exercise his powers towards suspension, by invoking Reg.16 of CBLR, 2018. The learned judge while passing the judgment observed that Regulation 15, 16, 17 had to be read in conjunction and in line with Reg.7(3) of CBLR, 2018 and that Reg.21 of CHALR, 2004 is in pari materia with Reg.15 of CBLR, 2018. The learned judge also referred to Board Circular No.9/2010 dated 08.04.2010 (para 5.1 and 5.2) which clarified that the parent Commissionerate, who issued the license alone is competent to suspend the license. The learned judge had also taken into note of section 21 of General Clauses Act (GCA) to hold that where a power is conferred, it includes power to add to, amend, vary or rescind too. It means that the authority, who issued the license alone can suspend the license. The learned judge also referred to sec.24 of GCA, which provides for continuation or orders, schemes, rules, forms, bye law issued under repealed enactments, provided there is no inconsistency with the repealing regime and till they are superseded formally. The crux of the case is whether the non-parent Commissionerate, who allowed the customs broker to operate under their jurisdiction port under Reg.7(3) of CBLR can suspend the CB license under Reg.16 of CBLR, 2018, which the Hon’ble Madurai High Court had held that, the non-parent Commissionerate is not competent and does not have jurisdiction to suspend the CB license and it is only the parent Commissionerate at Chennai, who had issued the CB license is alone competent to suspend the license and accordingly quashed the order passed by the non-parent Commissionerate, viz., commissioner of customs, Tuticorin
[08/11, 14:05] Sekarreporter: 👍