2012 (10) TMI 740 - HC - Customs

Granting of CHA License Held that - Following the decision in case of Sunil Kohli (2012 (10) TMI 638 - SUPREME COURT) those who had cleared the examinations under the regulations issued in the year, 1984, would be eligible for the grant of license, subject to their fulfilling the other conditions of eligibility, as the actions already taken under the earlier regulations issued in the year, 1984, had been saved by the new regulations issued in the year 2004. Therefore, direct the authority to issue the necessary certificate granting the Customs House Agents Licence to the petitioner, as per Regulation 9 of the Customs House Agents Licencing Regulations, 2004, on the petitioner complying with the requirements prescribed under Regulation 10 of the said regulations. In favour of assessee

Summary

Issues:
Grant of Customs House Agents Licence under different regulations.

Analysis:
The petitioner appeared in the Customs House Agent written and oral examinations conducted under Regulation 9 of the Customs House Agents Licensing Regulations, 1984. The petitioner was declared to have qualified in these examinations by the Commissioner of Customs. The regulations governing the grant of the license to the petitioner have evolved over the years, starting from the regulations issued in 1965, which were later repealed by the regulations issued in 1984, and subsequently replaced by the Customs House Agents Licensing Regulations, 2004. The regulations issued in 2004 mandated that individuals who passed the examinations under the 1984 regulations would need to pass an additional examination for the new regulations.

The High Court had previously directed the Commissioner of Customs to issue Customs House Licenses to petitioners who had qualified in the written examination before the new regulations came into force and passed the oral examination afterward. This decision was upheld in a writ appeal. Additionally, a Division Bench of the Gujarat High Court had quashed the 2004 regulations in a separate case. In another case, the High Court directed the issuance of a Customs House Agents License to a petitioner who had passed both the written and oral examinations before the introduction of the 2004 regulations. The petitioner in the present case falls under a similar category, having qualified in both examinations before the new regulations took effect.

The petitioner's counsel relied on a Supreme Court decision that held individuals who cleared the examinations under the 1984 regulations would be eligible for the license under the new regulations if they fulfilled other eligibility conditions. The counsel argued that the petitioner, having passed both the written and oral examinations before the new regulations, should be granted the license. The respondents' counsels failed to establish the petitioner's ineligibility under the 2004 regulations. Since the petitioner had passed the examinations under the 1984 regulations, which were in force before the new regulations, the Court found it appropriate to direct the respondents to issue the necessary certificate for the Customs House Agents License to the petitioner, subject to compliance with the requirements under the 2004 regulations within eight weeks from the date of the order. The writ petition was granted without costs.