2007 (8) TMI 541 - AT - Customs

Summary

Issues:
1. Validity of CHA Licence of M/s. Harish Clearing Agency.
2. Compliance with regulations regarding the examination for Custom House Agents.
3. Granting additional chances for examination under Regulation 8.
4. Continuation of CHA licence for Smt. Renu Shobhani pending examination results.

Analysis:
The judgment by the Appellate Tribunal CESTAT, Mumbai, involved the appeal against the order of the Commissioner of Customs declaring the CHA Licence of M/s. Harish Clearing Agency inoperative with immediate effect. The case revolved around the situation where the legal heir, Smt. Renu Shobhani, was granted permission to work as a Custom House agent upon the death of the proprietor. However, she failed the Regulation 8 written examination held on two occasions, leading to the inoperative status of the CHA licence.

The Tribunal noted that as per regulations, the Regulation 8 written examination for Custom House Agents should be held twice a year. In the period of 2004-2006, four examinations were required, but only two had been conducted. Acknowledging this discrepancy, the Tribunal accepted the appellant's plea for two more chances to appear in the upcoming examinations under Regulation 8. It was clarified that if Smt. Renu Shobhani passes the first examination after this order, she would not need to take the second examination. However, failing the first examination would allow her to take the second one. If unsuccessful in both attempts, she would lose the opportunity to continue the CHA licence.

Consequently, the Tribunal disposed of the appeal by directing that Smt. Renu Shobhani's CHA licence would remain effective until the examination results are determined. This decision ensured that she could continue operating her business pending the outcome of the examinations, providing clarity and a fair opportunity for compliance with the regulations governing Custom House Agents.