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TMI Blog2018 (2) TMI 339X X X X Extracts X X X X X X X X Extracts X X X X ..... e Agents Licencing Regulations, 2004 to the writ petitioner, complying with the requirements prescribed under Regulation 10 of the said regulations, within a period of eight weeks from the date of receipt of a copy of the order, made in writ petition No.24401 of 2012. 2. While doing so, writ Court has considered a Hon'ble Division Bench judgment of the Gujarat High Court, which has quashed the new regulations issued in the year 2004 vide order dated 01.10.2010 in Ravindra K. Joshi Vs. Union of India, reported in 2011 (267) ELT 337 (Guj.). 3. Writ Court has also considered a decision of the Hon'ble Supreme Court dated 27.04.2012 in Sunil Kohli Vs. Union of India and others, reported in 2012-TIOL-45-SC-CUS, wherein, the Hon'ble ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Customs, by filing Writ Appeal No.1182/2011, and that the same has been dismissed by a Hon'ble Division Bench of this court on 26.09.2011. 22. A Hon'ble Division Bench of Gujarat High Court, has quashed the new Regulations issued in the year 2004 by order dated 01.10.2010. Bombay High Court in W.P. (L) No.1522/2011 reported in 2012 (280) ELT 353 (Bom) had taken a different view. Aggrieved by the judgment of the Bombay High Court, one of the appellants, Sunil Kohli, has approached the Hon'ble Supreme Court in C.A. No.4053-4061 of 2012. The Hon'ble Apex Court, accepted the stand of the appellants therein, set aside the judgments and orders, passed by the Delhi High Court, against the Custom House Licensing Agents and all ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aised in these appeals are squarely covered by the decision of this Court in Sunil Kohli's case (supra). 11. Following the judgment and decision of this Court in Sunil Kohli's case (supra) all these appeals are disposed of in the same terms, observations and directions. 12. In view of the decision of this Court in Sunil Kohli's case (supra), the judgment(s) and order(s) passed by the Bombay High Court are set aside. 13. Ordered accordingly." 24. Circular No.6/2013-Cus., dated 6.2.2013 of the Central Board of Excise & Customs, New Delhi, Ministry of Finance (Department of Revenue), on the issue of Custom House Agent License, is reproduced here under: Circular No.6/2013-Cus., dated 6-2-2013 F.No.494/4/2012-Cus.VI G ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Psychotropic Substances Act, 1985; and (h) Foreign Exchange Management Act, 1999" Thus, subject to fulfillment of all others requirements such persons will now be directly eligible for grant of CHA Licence. 4. These instructions may be brought to the notice of the trade by issuing suitable Trade/Public Notices. Suitable Standing orders/instructions may be issued for the guidance of the field officers. Pending court cases, if any, may also be suitably handled. 5. Difficulties faced, if any, may be brought to the notice of the Board immediately." 25. Thus reading of the above circular, makes it abundantly clear that, those who have passed the examination under 1984 Scheme, need not have to appear for examination again for CHALR, 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated 8.4.2010, with an implication that Customs shall no longer insist that persons who have passed the examination under the 1984 Regulations have to additionally qualify in the subjects contained in the said circular dated 06.02.2013, contentions to the contra, made in the instant writappeal, do not merit any consideration. Further W.A. No.410/2012, relied on by the department is also dismissed by this court on 16.06.2013 on the submissions of the learned counsel for the parties. 27. There are no merits in the instant appeal warranting interference. Writ Appeal is dismissed. 7. Decision in W.A.No.42 of 2013, is squarely applicable to the facts of this case, and applying the same, there are no grounds to interfere with the order of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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