2012 (9) TMI 4

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....TIOL-45-SC-CUS ) . The relevant portion of the said decision reads as follows: An analysis of above reproduced clauses makes it clear that the procedure prescribed in the 1984 Regulations and the 2004 Regulations for grant of licence to act as Customs House Agent is substantially similar. In terms of Clause 4 of the 1984 as also the 2004 Regulations, the Commissioner is empowered to invite applications in the month of January every year for grant of the specified number of licences as assessed by him, to act as Custom House Agents. An application for grant of licence to carry the business as Customs House Agent is required to be made in the prescribed from along with the necessary documents. If the competent Authority is satisfied that t....

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....lations. As a corollary, it must be held that those who had cleared the examinations held between 1995 and 2003 under the 1984 Regulations would be eligible for grant of licence subject to their fulfilling other conditions of eligibility. Although, the language of Clause 4 of the 1984 Regulations and the 2004 Regulations suggest that every year the Commissioner is required to make an assessment of the number of licences proposed to be a granted and then invite applications for grant of such licences, Public Notices dated 20.06.2003 and 24.02.2005 do not contain any indication of such an assessment having been made by the Commissioner before inviting applications for grant of Licences. Therefore, the Division Bench of the High Court was n....