2018 (2) TMI 339 - HC - Customs

Grant of CHA License - Regulation 9 of the Customs House Agents Licencing Regulations, 2004 - validity of new regulations issued in the year 2004 vide order dated 01.10.2010 - Held that - identical issue decided in the case of SUNIL KOHLI & ORS Versus UNION OF INDIA & ORS 2012 (10) TMI 638 - SUPREME COURT , where it was 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 - appeal dismissed - decided against Revenue.

Summary

Issues:
1. Interpretation of Customs House Agents Licencing Regulations, 2004.
2. Application of previous court judgments on eligibility for Customs House Agent license.
3. Impact of Circular No.6/2013-Cus. dated 6.2.2013 on licensing requirements.

Issue 1: Interpretation of Customs House Agents Licencing Regulations, 2004
The High Court heard a writ appeal challenging an order directing the issuance of a Customs House Agents certificate to a petitioner. The writ Court had directed compliance with Regulations 9 and 10 of the Customs House Agents Licencing Regulations, 2004 within a specified time frame. The appellant sought to rely on a Bombay High Court decision, but the Court noted that a Division Bench had already disposed of a similar case, indicating a lack of merit in the appeal.

Issue 2: Application of previous court judgments on eligibility for Customs House Agent license
The Court considered various judgments, including a decision by the Hon'ble Supreme Court in Sunil Kohli Vs. Union of India, which upheld the eligibility of candidates who had cleared examinations under the 1984 regulations for the grant of a license. The Court also referenced a Gujarat High Court judgment and a subsequent Circular issued by the Government of India in 2013, emphasizing the acceptance of previous court decisions on licensing requirements.

Issue 3: Impact of Circular No.6/2013-Cus. dated 6.2.2013 on licensing requirements
Circular No.6/2013-Cus. dated 6.2.2013 clarified that candidates who had passed the examination under the 1984 Regulations were directly eligible for a Custom House Agent license under the CHALR 2004. The circular deleted specific subjects from the examination requirements, aligning with the decisions of the courts. The Court noted that the circular's provisions were clear and that the dismissal of related appeals further supported the application of the circular in determining licensing eligibility.

In conclusion, the High Court dismissed the writ appeal, citing the applicability of previous judgments and Circular No.6/2013-Cus. dated 6.2.2013 in determining the eligibility criteria for Custom House Agent licenses. The Court upheld the decisions that candidates who had passed the 1984 examination were eligible for licensing under the CHALR 2004, emphasizing consistency with legal precedents and government directives.