Legal principle

A customs broker licence obtained on a forged qualification can be revoked with forfeiture of security under Regulation 14 of CBLR 2018, and a separate penalty under Regulation 18 can be imposed as well; cross-examination is not an unfettered right.

Court decision

The appeal was dismissed because no substantial question of law arose. The revocation of the licence, forfeiture of the Rs.5,00,000 security and the Rs.50,000 penalty in the order dated 01.07.2020, as upheld by CESTAT on 23.12.2024, all stand.

Facts

The proprietor of R. K. Logistics applied in 2014 for a Customs Broker licence under the 2013 Regulations. He attached an MBA degree but, instead of his BA degree, gave a notarised affidavit saying he was a graduate of Chaudhary Charan Singh University, Meerut. He passed the exams and got the licence on 02.11.2016. After a complaint on 08.08.2019, customs sent his BA degree to the university twice, and both times the university said the details did not match its records. The licence was suspended on 11.10.2019. After an inquiry, the Commissioner on 01.07.2020 revoked the licence, forfeited the Rs.5,00,000 security and imposed a Rs.50,000 penalty. CESTAT dismissed his appeal on 23.12.2024, so he appealed to the Delhi High Court under Section 130.

Key provisions

• Regulation 14, Customs Brokers Licensing Regulations, 2018 — Revocation of licence or imposition of penalty
• Regulation 18(3), Customs Brokers Licensing Regulations, 2018 — Penalty
• Regulation 5(h), Customs Brokers Licensing Regulations, 2018 — Conditions to be fulfilled by the applicants