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2018 (2) TMI 339

ical issue decided in the case of SUNIL KOHLI & ORS Versus UNION OF INDIA & ORS [2012 (10) TMI 638 - SUPREME COURT], where it was held that The examinations held under the 1984 Regulations did not get nullified with the enactment of the 2004 Regulations and the candidates who had qualified the examinations held under the 1984 Regulations are not required to again qualify the examination which may be held under the 2004 Regulations - appeal dismissed - decided against Revenue. - W.A.No.2898 of 2012 and MP No.1 of 2012 - Dated:- 1-2-2018 - S. Manikumar And V. Bhavani Subbaroyan, JJ. For Appellants : Mr. T. R. Senthil Kumar JUDGMENT ( Order of the Court was made by S. Manikumar, J. ) Writ appeal is directed against the order made in W.P.No.244 .....

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12, a Hon'ble Division Bench of this Court has granted interim order and prayed to entertain the instant appeal, this Court is not inclined to accept the said contentions for the reason that W.A.No.410 of 2012, has already been disposed of. 5. Following the judgment of the Hon'ble Supreme Court in Sunil Kohli Vs. Union of India and others, reported in 2012 (285) ELT 481 (SC), Government of India, Ministry of Finance (Department of Revenue) Central Board of Excise and Customs, New Delhi, have issued circular dated 06.02.2013. 6. After considering the submissions of the Revenue, decisions in Sunil Kohli's case [cited supra] and the circular dated 06.02.2013, this very same Bench, vide order dated 22.08.2017 in W.A.No.42 of 2013, a .....

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il Kohli's case and accordingly they have issued a Circular NO.06/2013 dated 6.2.2013. 9. The instructions so received by Shri Prasad reads as under: " Now, subsequent to order in C.A. Nos.4053-4061 of 2012 in the case of Sunil Kohli & Ors. v. Union of India and Ors., vide order dated 27-4-2012, C.B.E. & C. has issued Circular No.06/2013 thereby deleting para 8.1 and 802 of Circular No.09/2010- Customs dated 8.4.2010. Thus need of passing a special examination for Regulation 9 candidates of earlier regulation (CHAIR, 1984) no more exists for consideration of fresh licence. Hence, it is stated that the issues involved in both the cases viz. SLP (C) Nos.6026/2012 and 5143/2012 are similar and Circular No.06/2013 which address .....

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t those who had passed the examination under Customs House Agents Licensing Regulations, 1984 not have to again appear for examination under the Customs House Agents Licensing Regulations, 2004 (CHALR 2004). 3. In order to implement the aforementioned decision of Hon'ble Supreme Court, Board has decided to delete Para 8.1 and Para 8.2 of Circular No.9/2010- Customs, dated 8.4.2010. The implication of this modification of Board Circular No.9/2010-Customs, dated 8.4.2010 is that the Custom shall no longer insist that persons who have passed the examination under the 1984 Regulations have to additionally qualify in the new subjects given below. (a) The Patents Act, 1970 and Indian Copyright Act, 1957; (b) Central Excise Act, 1944 (c) Expor .....

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f India in Civil Appeal Nos.5715-5723 of 2011 etc. reported in 2013-TIOL-28-SC-CUS (Union of India vs. Ravindra K. Joshi) and that the Department has also issued a Circular : 6/2013-Cus., dated 6.2.2013, the writ appeals may be closed. Accordingly, these writ Appeals are closed. 2. After the disposal of the Writ Appeals, the learned counsel for the respondents would submit that subject to fulfillment of other conditions, the Customs House Agents Licence may be issued to the respective respondents. 3. In the light of the above said development, the appellants, are directed to consider the respective case of the respondents, as expeditiously as possible and not later than six weeks from the date of receipt of a copy of this order. No costs. C .....

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