custom act. Cancelation of AEP
Santosh Maske
(Querist) 12 October 2010
This query is : Resolved
respected experts
one mr. X is doing business of fright forwarding it meance he accept goods from small importer / exporter and farward this goods to cargo for transmission
he received goods from some one of HONGKONG to mumbai by flight and send it to AMRITSAR by domistic Air lines e.i. AIR INDIA but custom authority on instruction of air india sizesd goods by saying that it is not cleared goods there after custom authority canceled my AEP Lison by a latter and initiated procecution against me for BLack listing there after AIR INDIA farwarded letter to custom authority that sized goods by custom authority is by their (AIR INDIAS) misunderstanding.i was asking through our consultant but custom authority did not withdraw there cancelation and did not replied me or my consultant.
please help
thank you
s.subramanian
(Expert) 12 October 2010
You file a writ petition challenging the cancellation of license and seek to quash it.
With regard to prosecution file quash proceedings under Sec.482 before the High Court.
R.Ramachandran
(Expert) 12 October 2010
There is a set statutory provisions under the Customs Act - first show cause notice - reply - adjudication of the show cause notice - appeal to the Commissioner of Customs (A) - then appeal to the Customs Excise and Service Tax Appellate Tribunal etc. Therefore, in this case, the remedy does not really lie either by way of Writ or in filing Section 482 petition.
Mr. Santosh Maske has not come out with full facts.