Continuity of customs house agent licence: fresh compliance condition under later regulations could not be imposed after revocation of suspension.

A licensing authority that revokes suspension of a customs house agent licence and accepts a reconstituted firm as the continuing holder of a temporary licence cannot impose a fresh condition requiring independent compliance with later Regulation 8 requirements as a prerequisite to revocation. The authority had already treated the reconstituted firm as succeeding to the licence, so the additional condition was inconsistent with that accepted continuity. The impugned condition under the 2004 regulations was therefore invalid and was set aside, while the revocation of suspension remained effective.

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Issues: Whether the condition imposed while revoking suspension of the customs house agent licence, requiring compliance with Regulation 8 of the Customs House Agents Licensing Regulations, 2004, was valid.

Analysis: The temporary licence had been issued under the Customs House Agents Licensing Regulations, 1984. The original partnership had stood dissolved, and the licence was sought to be regularised by the reconstituted firm through a partner who had already qualified under the relevant examination requirement. Once the licensing authority accepted the request and revoked suspension, it could not insist that the newly reconstituted firm independently satisfy the qualifying requirements under the later regulations as a fresh condition for revocation, because the order effectively recognised succession of the licence by the new firm.

Conclusion: The condition requiring compliance with Regulation 8 of the Customs House Agents Licensing Regulations, 2004 was invalid and was set aside in favour of the appellant.

Final Conclusion: The suspension of the licence stood revoked, but the impugned additional condition was removed, leaving the appeal successful to that extent.

Ratio Decidendi: Where the licensing authority revokes suspension and recognises a reconstituted firm as the continuing holder of a temporary licence, it cannot impose a fresh condition under later regulations that is inconsistent with the accepted continuity of the licence.

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