2018 (2) TMI 339

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.... as per Regulation 9 of the Customs House 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 20....

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....dated 31.03.2010, came to be challenged by the Department 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 Del....

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.... 10. In view of the information received by Shri Prasad, he would submit that the issues raised 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 ....

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.... (c) Export Promotion Schemes (d) Procedure on appeal and revision petition (e) Prevention of Corruption Act, 1988 (f) Online filing of electronic Customs declarations (g) Narcotic drugs and 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. Difficultie....