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TMI Blog2019 (5) TMI 764X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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. The applicant is not required to apply for grant of licence under Regulation 7. He is only required to deposit the fees of ₹ 5,000/- because an application for grant of licence has already been submitted under Regulation 4 of Regulation, 2013 and thereafter, the candidate is required to appear in the examination. After declaration of the result, the candidate is required to deposit the fees of ₹ 5,000/- for issuance of licence. The Language of Regulation 7 is plain and simple and according to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... written as well as oral examination. After passing the examination under Regulation no. 9 the Commissioner of Customs on payment of ₹ 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 CBLR, 2013 ) came into force w.e.f. 21.06.2013 in which nomenclature of the Customs House Agents has been changed by Customs Brokers , That under proviso to Regulation 6(1) an applicant who has already passed the examination under Regulat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ho 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 that the appeal lies only against the judicial order but not against the order passed on administrative side. Hence, the petitioner has approached this Court by way of this writ petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as passed the examination on deposit of the fees of ₹ 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. Therefore, there can't be a period of two months for filing an application for grant of licence. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 ₹ 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 Regulat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lts. 14. It is clear from the aforesaid provision that after passing written as well as oral examination for obtaining the licence in Form-B, the candidate is required to deposit ₹ 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 li ..... X X X X Extracts X X X X X X X X Extracts X X X X
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