2013 (10) TMI 897

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.... and the same had been intimated by the then office of the Collector of Customs, Customs House, Chennai, vide F.No.C9/397/85 C.H.A, dated 4.12.1986. 3. It has been further stated that, in the year 2004, the Customs House Agents Licensing Regulations, 2004, had come into effect incorporating the recommendations made by the Kelkar Committee, a Task Force on Indirect Taxes, constituted by the Ministry of Finance and Company Affairs, Government of India. While so, applications were invited by the third respondent, for the issuance of Customs House Agent Licenses, under the new regulations. The petitioner had submitted his application in Form `A, dated 19.1.2009, in response to the said invitation, vide PN.140/2008, dated 31.12.2008, along w....

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....o.5472 of 2010, directing the Commissioner of Customs (CHA Section) Chennai, to issue Customs House Licence to the petitioners therein, who had qualified in the written examination, prior to the coming into force of the regulations issued in the year, 2004. The said petitioners had qualified in the oral examination after the new regulations had come into force. The writ appeal filed against the said order, by the Department of Customs, in W.A.No.1182 of 2011, had been dismissed by this Court, by its order, dated 26.9.2011. 6. It had been further stated that a Division Bench of the Gujarat High Court had quashed the new regulations issued in the year, 2004, by its order, dated 1.10.2010, in Ravindra K.Joshi Vs. Union of India (2011 (267) ....

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....icence, as he had passed the written, as well as the oral examination, held prior to the coming into force of the new regulations in the year, 2004. 8. The learned counsels appearing on behalf of the respondents had not been in a position to show that the petitioner is ineligible for the grant of the Customs House Agents Licence, as per the new regulations issued in the year, 2004. There is no dispute that the petitioner had passed the written, as well as the oral examination under Regulation 9 of the Customs House Agents Licensing Regulations, 1984, which were existing prior to the coming into force of the new regulations in the year, 2004. 9. At this stage of the hearing of the writ petition the learned counsel appearing on behalf o....