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TMI Blog2018 (2) TMI 339X X X X Extracts X X X X X X X X Extracts X X X X ..... ot required to again qualify the examination which may be held under the 2004 Regulations - appeal dismissed - decided against Revenue. - W.A.No.2898 of 2012 and MP No.1 of 2012 - - - Dated:- 1-2-2018 - S. Manikumar And V. Bhavani Subbaroyan, JJ. For Appellants : Mr. T. R. Senthil Kumar JUDGMENT ( Order of the Court was made by S. Manikumar, J. ) Writ appeal is directed against the order made in W.P.No.24401 of 2012 dated 01.10.2012, by which the writ Court directed the appellants to issue necessary certificate granting Customs House Agents to respondent/writ petitioner, as per Regulation 9 of the Customs House Agents Licencing Regulations, 2004 to the writ petitioner, complying with the requirements prescribed under Re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unil Kohli Vs. Union of India and others, reported in 2012 (285) ELT 481 (SC), Government of India, Ministry of Finance (Department of Revenue) Central Board of Excise and Customs, New Delhi, have issued circular dated 06.02.2013. 6. After considering the submissions of the Revenue, decisions in Sunil Kohli's case [cited supra] and the circular dated 06.02.2013, this very same Bench, vide order dated 22.08.2017 in W.A.No.42 of 2013, at paragraph Nos.21 to 27, ordered as hereunder: 21. From the material record, it could be deduced that the decision made in W.P. No.5472/2010, dated 31.03.2010, came to be challenged by the Department of Customs, by filing Writ Appeal No.1182/2011, and that the same has been dismissed by a Hon'b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated 27-4-2012, C.B.E. C. has issued Circular No.06/2013 thereby deleting para 8.1 and 802 of Circular No.09/2010- Customs dated 8.4.2010. Thus need of passing a special examination for Regulation 9 candidates of earlier regulation (CHAIR, 1984) no more exists for consideration of fresh licence. Hence, it is stated that the issues involved in both the cases viz. SLP (C) Nos.6026/2012 and 5143/2012 are similar and Circular No.06/2013 which addresses the concern of the appellants may be brought to the notice of the Apex Court during the hearing of the appeals. 10. In view of the information received by Shri Prasad, he would submit that the issues raised in these appeals are squarely covered by the decision of this Court in Sunil Kohl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mentioned decision of Hon'ble Supreme Court, Board has decided to delete Para 8.1 and Para 8.2 of Circular No.9/2010- Customs, dated 8.4.2010. The implication of this modification of Board Circular No.9/2010-Customs, dated 8.4.2010 is that the Custom shall no longer insist that persons who have passed the examination under the 1984 Regulations have to additionally qualify in the new subjects given below. (a) The Patents Act, 1970 and Indian Copyright Act, 1957; (b) Central Excise Act, 1944 (c) Export Promotion Schemes (d) Procedure on appeal and revision petition (e) Prevention of Corruption Act, 1988 (f) Online filing of electronic Customs declarations (g) Narcotic drugs and Psychotropic Substances Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted 6.2.2013, the writ appeals may be closed. Accordingly, these writ Appeals are closed. 2. After the disposal of the Writ Appeals, the learned counsel for the respondents would submit that subject to fulfillment of other conditions, the Customs House Agents Licence may be issued to the respective respondents. 3. In the light of the above said development, the appellants, are directed to consider the respective case of the respondents, as expeditiously as possible and not later than six weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed. 26. When Government of India, have decided to delete para 8.1 and 8.2 of Circular No.9/2010-Customs, dated 8.4.2 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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