9911796707
TMI Blog2019 (5) TMI 764X X X X Extracts X X X X X X X X Extracts X X X X ..... STUTE Business Solutions having its registered office at 86, Royal Banglow City, Sukhliya, Indore had applied for grant of "Customs House Agents License" under the provision of Customs House Agent Licence Regulation, 2004 (In short "Regulation, 2004"). Regulation no.8 provides for written as well as oral examination. After passing the examination under Regulation no. 9 the Commissioner of Customs on payment of Rs. 5,000/- shall grant licence in Form-B. 3. The petitioner was permitted to appear in the written as well as oral examinations. The results of the above both the examinations were declared vide Circulars dated 19.03.2013 and 30.12.2014 respectively. Meanwhile, new regulation called Custom Broker License Regulation, 2013 (in short " ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion, 2004. Again, the respondent has turned down his request. The petitioner once again submitted a detailed representation to the Chief Commissioner (Bhopal Zone), Customs, Central Excise and Service Tax on 09.02.2017 who has rejected the same vide letter dated 09.02.2017 with an advise to prefer an appeal against the order passed by Principal Commissioner, Indore before the appellate Tribunal. By letter dated 18.04.2017 and 04.05.2017 the petitioner requested the Chief Commissioner for passing a reasoned and speaking order so that he can prefer an appeal before the Tribunal. 5. The petitioner preferred an appeal to CESTAT, New Delhi which has been dismissed vide order dated 23.01.2018 as not maintainable. The learned tribunal has held th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y rejected whereas Regulation 7(1) provides two months time to the Commissioner for issuance of license to the applicant who has passed the examination on deposit of the fees of Rs. 5,000/-. He further submitted that the respondent has wrongly denied the licence to the petitioner by giving wrong interpretation to Regulation 7. The petitioner is highly qualified person having the Degree of Civil Engineering and MBA and secured the highest marks in written and oral examination conducted by the Directorate of General, Customs and Central Excise Act, New Delhi. There can not be time limit in respect of validity of the result. Once the licence is issued its valid for the period of 10 years which is renewable for further period of 10 years. Ther ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fees of Rs. 5,000/- to the applicant who has passed the examination referred in Regulation 8. 11. Vide Notification dated 21.06.2013, the Regulation 2004 has been suppressed and new Regulation called CBRL, 2013. The nomenclature of regulation has been changed to Customs Agent Licence Regulation, 2004 to Customs Broker Licence Regulation, 2013 with certain minor changes. There is no changes specially in respect of provisions of inviting application , eligibility conditions to get licence ,passing of written and oral examination and license fee of Rs. 5000/- etc.. Under Proviso 2 of Regulation 6(1) of CBRL,2013, the applicant who has passed the examination under Regulation 9 of Customs House Agent Licence Regulation, 1984 and 8 of Regulatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... licence in Form-B, the candidate is required to deposit Rs. 5,000/- fee and on deposit of such fee, the Commissioner of Customs shall issue a Licence within a period of two months. The respondents are giving wrong interpretation for those applicants who have passed the examination and did not submit an application for grant of licence within a period of two months. The examinations passed under Regulations 1984 and 2004 have been treated to be a valid by virtue of proviso-2 of Regulation 6(1) of CBRL,2013 hence there can't be a two months period for submitting the applicant for grant of licence. 15. The applicant is not required to apply for grant of licence under Regulation 7. He is only required to deposit the fees of Rs. 5,000/- be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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