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2019 (5) TMI 764 - HC - CustomsGrant of Customs Broker Licence - Interpretation of statute - Regulation 7(1) of CBLR, 2013 - HELD THAT:- It is clear from the said 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 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 which, the Commissioner of Customs shall grant a licence in Form-B within a period of two months on payment of fees of ₹ 5,000/- by an applicant who has passed the oral examination. The Commissioner is liable to grant the licence in Form -B within two months from the date of deposit of fee ₹ 5000/- by the applicant who has passed the oral examination. The applicant is not required to submit an application for grant of licence under Regulation 7(1). Petition allowed - The respondents are directed to issue Customs Broker Licence to the petitioner forthwith.
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