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2013 (1) TMI 724 - CALCUTTA HIGH COURTRejection of CHA License - whether the application of the petitioner No. 1 for license under CHALR 2004 could have been rejected on the ground that the petitioner No. 1 had cleared the examination under Regulation 9 of CHALR 1984 from Mumbai and not from Kolkata - Held that:- CHALR 1984 provided for grant of a temporary licence, and later, upon clearance of an examination, as provided in Regulation 9, regular licence which was to be valid for a period of five years, but renewable. CHALR 2004 has, however, done away with grant of two licences, one temporary and the other regular. Regulation 9 provides for grant of licence to an applicant who has passed the examination referred to in Regulation 8 subject to payment of the requisite fee - Regulation 6 enumerates the conditions required to be fulfilled for grant of licence. Regulation 6 provides that the applicant or the person referred to in Clause (b) of sub-regulation (2) or Clause (b) of sub-regulation (3) of Regulation 5, as the case may be, or a person who has passed the examination referred to in Regulation 8 shall prove to the satisfaction of the Commissioner of Customs that the applicant or his authorized employee is a graduate from a recognized University and possesses the professional degree as specified in the said regulation, has diploma in customs clearance work from any Institute or University recognized by the Government with working knowledge of computers and customs procedures; or is a graduate having at least 3 years experience in transacting Customs House Agent work as a G Card holder; or a person who has passed the examination referred to in Regulation 8; or is a retired Group ‘A’ officer from the Indian Customs and Central Excise Service having a minimum of ten years experience in Group ‘A’ In view of the judgment of the Hon’ble Supreme Court in Sunil Kohli (2012 (10) TMI 638 - SUPREME COURT), the impugned order cannot be sustained and the same is set aside and quashed. - The respondent shall issue requisite customs house agents licence to the petitioner within two months from the date of communication of this order subject to compliance of the requisite formalities but without insisting on clearance of the examination under Regulation 8 of the CHALR, 2004. - Decided in favour of appellant.
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