Case Details: Commissioner of Customs (Airport and General), New Delhi Versus Global Links (2025) 29 Centax 53 (Del.)
Judiciary and Counsel Details
- Pratibha M. Singh & Dharmesh Sharma, JJ.
- Shri Aakarsh Srivastava, Standing Counsel, for the Appellant.
Facts of the Case
The petitioner, a Customs Broker, faced cancellation of its license on the same day the order-in-original was passed, based on alleged violation of Regulation 11(n) of the Customs Brokers Licensing Regulations, 2013. The department contended that the petitioner failed to obtain KYC documents directly from the exporter and did not explain how they were procured. The irregularity related to misuse of an Importer Exporter Code (IEC) by third parties. The petitioner was unable to conduct business until the CESTAT set aside the cancellation, holding that indirect collection of KYC documents did not breach Regulation 11(n) and that the order-in-original failed to specify any violation of the declaration requirement under Regulation 17(9).
High Court Held
The Hon’ble High Court held that the petitioner, having already suffered severe consequences due to the cancellation for several months, could not be subjected to perpetual penalisation. It observed that the requisite KYC documents had been submitted and that the irregularity originated from third-party misuse of the IEC. The Court upheld the CESTAT’s findings and ruled that the order-in-original disclosed no basis for invoking Regulation 17(9). Consequently, it declined to interfere with the CESTAT’s Final Order. The appeal was decided in favour of the Customs Broker.
List of Cases Reviewed
- Global Links v. Principal Commissioner — Final Order No. 56023/2024, dated 10-7-2024 by CESTAT, New Delhi — Affirmed [Paras 3, 6]
