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Issues Involved:
1. Whether the appellant can be denied approval to act as an agent of a Custom House Agent (CHA) solely based on questionable antecedents from previous employment. 2. The applicability of Regulations 18 and 20 of the Custom House Agents Licensing Regulations, 1984 in the context of the approval process for a Power of Attorney holder. 3. The eligibility of a former Customs Officer, now an advocate, to represent the appellant. Issue-Wise Detailed Analysis: 1. Denial of Approval Based on Questionable Antecedents: The primary issue was whether an individual who has passed the examination under Regulation 9 and applied for approval to act as an agent of a CHA can be denied such approval solely on the grounds of questionable antecedents in previous employment. The Order-in-Original had refused the approval on the basis that the appellant had engaged in questionable activities during his previous employment, leading to the suspension of the CHA's license. 2. Applicability of Regulations 18 and 20: The appellant argued that the decision must be within the ambit of the Custom House Agents Licensing Regulations, 1984. Regulation 9 qualifies a person to engage in the clearance of goods on behalf of a CHA. Regulation 18 allows such a person to act as an agent for a CHA, provided they do not engage with more than one CHA at a time and that any changes are communicated to the Assistant Commissioner of Customs. The appellant contended that Regulation 18 does not empower the Commissioner to verify the antecedents of a Power of Attorney holder, unlike Regulation 20, which applies to lower category employees like clerks and messengers. The Tribunal agreed, noting that Regulation 20 concerns employees assisting a CHA and includes provisions for verifying antecedents, while Regulation 18 does not. The Tribunal concluded that Regulation 18 and Regulation 20 operate independently, and the Commissioner erred by applying extraneous considerations from Regulation 20 to Regulation 18. 3. Eligibility of Former Customs Officer as Advocate: The learned SDR objected to the appellant's advocate representing the case, citing a conflict of interest due to his previous role as Assistant Commissioner of Customs. However, the Tribunal found that the advocate, having retired and enrolled in the Bar, was within his rights to represent the appellant. The CEGAT Procedure Rules allow retired Customs Officers to act as consultants before the Tribunal. Conclusion: The Tribunal set aside the Order-in-Original, stating that the Commissioner wrongly denied approval by applying considerations from Regulation 20 to Regulation 18. The Tribunal allowed the appeal with consequential relief, affirming that the appellant met all legal requirements under Regulation 18 and that the advocate was eligible to represent the appellant.
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