TMI Blog2012 (11) TMI 782X X X X Extracts X X X X X X X X Extracts X X X X ..... y the same under Regulation 8 of CHALR-04 in respect of additional subjects as provided in Notification No. 30/10-Cus. (N.T.), dated 8-4-2010 and the persons who qualify in the aforesaid examination shall be deemed to have passed the examination under Regulation 8 of CHALR-04 and would be considered for grant of CHA licence in terms of Regulation 9 of CHALR-04. The Commissioner’s other objection that an applicant who had passed examination from one Custom House cannot be considered for the grant of CHA licence from another Customs House is without any basis as the examination under Regulation 8 of the CHALR-04 and earlier under Regulation 9 of the CHALR-84 is conducted by Directorate General of Inspection and it would not be correct to r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Additional Commissioner. The appellant filed an appeal before the Commissioner (Appeals) against the Additional Commissioner s order and the Commissioner (Appeals) vide order-in-appeal No. 153/CUS/LKO/08 dated 31-10-2008 set aside the Additional Commissioner s order and allowed the appeal observing that the provisions of CHALR-04 do not disqualify those persons who had passed the prescribed examination under Regulation 9 of CHALR-84 and therefore the appellant are entitled for the grant of CHA licence. The department filed an appeal before the Tribunal against the above order of the Commissioner (Appeals). The Tribunal disposed of their appeal vide Final Order dated 30th December 2010, wherein the Tribunal observed as under :- On ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d under Regulation 8 of CHALR-04. (b) Passing the examination under Regulation 9 of CHALR-84 does not make her a person who has passed examination under Regulation 8 of CHALR-04. (c) The appellant s contention that the rejection of her application on the basis of the Board s Circular No. 42/2004, dated 10-6-2004, is not applicable in her case, is not tenable. (d) Passing of the examination from Customs House, New Delhi does not make her eligible to apply for CHA licence in Lucknow, Commissionerate. 1.2 Against this order of the Commissioner, this appeal along with stay application has been filed. 2. Heard both the sides. 3. Though this matter was listed for hearing of the stay application, after hearing the same for some ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the CHALR-84, which according to her, is equivalent to examination prescribed under Regulation 8 of CHALR-04. However, according to the department, just because she has passed the examination under Rule 9 of CHALR-84, she cannot be treated as having passed the examination under Regulation 8 of the CHALR-04 and in terms of Conditions 6(a), as a person who is only an ordinary graduate and who does not have three years experience of transacting, Customs House work as G-Card holder, she has to pass the examination referred to in Regulation 8. The provisions of Regulation 8 of CHALR-04 correspond to the provisions of Regulation 9 of CHALR-84 and only difference between Regulation 9 of CHALR-84 and Regulation 8 of CHALR is some extra papers r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o in the Board Circular No. 9/2010, dated 8-4-2010, she will be deemed to have passed the examination under Regulation 8 of CHALR-04. The Commissioner s other objection that an applicant who had passed examination from one Custom House cannot be considered for the grant of CHA licence from another Customs House is without any basis as the examination under Regulation 8 of the CHALR-04 and earlier under Regulation 9 of the CHALR-84 is conducted by Directorate General of Inspection and it would not be correct to refuse the CHA licence on the ground that the examination has been passed from some other Commissioner s jurisdiction. In view of this, the impugned order is set aside. The matter is remanded for de novo decision in the light of our a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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