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2013 (10) TMI 897 - HC - CustomsGranting of CHA license CHA are governed under regulation Customs House Agents Licensing Regulations, 1984 & 2004 To carry the business as CHA, agent is required to get license from prescribed authority the applicant is required to clear the written as well as oral examinations to be held in terms of Clause 8 of those regulations to get license Held that - The examinations held under the 1984 Regulations did not get nullified with the enactment of the 2004 Regulations and the candidates who had qualified the examinations held under the 1984 Regulations are not required to again qualify the examination which may be held under the 2004 Regulations. As a corollary, it must be held that those who had cleared the examinations held between 1995 and 2003 under the 1984 Regulations would be eligible for grant of licence subject to their fulfilling other conditions of eligibility - Following decision of SUNIL KOHLI & ORS Versus UNION OF INDIA & ORS 2012 (10) TMI 638 - SUPREME COURT - Decided in favour of petitioner.
Issues:
1. Interpretation of Customs House Agents Licensing Regulations, 1984 and 2004. 2. Eligibility criteria for obtaining Customs House Agent License. 3. Impact of passing examinations under different regulations. 4. Judicial precedents on the issue of license grant under old and new regulations. Analysis: Interpretation of Customs House Agents Licensing Regulations, 1984 and 2004: The petitioner had passed the examination under Regulation 9 of the Customs House Agents Licensing Regulations, 1984. However, in 2004, new regulations came into effect, incorporating recommendations by the Kelkar Committee. The new regulations required those who passed examinations under the 1984 regulations to pass another examination for additional papers introduced in 2004. The High Court noted that the new regulations saved actions taken under the old regulations, but imposed additional examination requirements for those who qualified under the 1984 regulations. Eligibility criteria for obtaining Customs House Agent License: The petitioner submitted an application for a Customs House Agent License under the new regulations in 2009. However, the request was rejected in 2012, citing the loss of the petitioner's right to obtain the license due to the new regulations. The Court considered the petitioner's eligibility based on passing examinations under the old regulations and the subsequent oral examination after the new regulations came into force. Impact of passing examinations under different regulations: The Court referred to previous cases where individuals who passed examinations under the 1984 regulations were granted licenses even after the introduction of the 2004 regulations. It highlighted instances where the written examination was cleared before the new regulations but the oral examination was conducted afterward. The Court emphasized the importance of considering qualifications obtained under the old regulations for license eligibility. Judicial precedents on the issue of license grant under old and new regulations: The Court discussed a Supreme Court decision and previous High Court judgments that upheld the eligibility of individuals who cleared examinations under the 1984 regulations for license grants under the new regulations, subject to fulfilling other conditions. The Court found that the petitioner, having passed both written and oral examinations before the new regulations came into force, was eligible for the grant of a Customs House Agent License. In conclusion, the High Court set aside the rejection of the petitioner's license request and directed the issuance of the necessary certificate for the Customs House Agent License, subject to compliance with the requirements of the 2004 regulations within a specified period. The Court's decision was based on the petitioner's qualifications under the old regulations and the legal precedents supporting eligibility for license grants under the new regulations.
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