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(Made by S.Manikumar, J.) Challenge in this appeal is to an order made in W.P. No.24210 of 2012 dated 01.12.2012, by which, the Writ Court, directed the Commissioner of Customs (Imports), Chennai-1 and the Assistant Commissioner of Customs, Chennai-1, appellants 2 and 3 herein, to issue necessary certificate, granting Customs House Agent Licence to the respondent, as per Regulation 9 of the Customs House Agent Licence Regulation, 2004, on the respondent complying with the requirements prescribed under Regulation 10 of the said regulation, within a period of 8 weeks from the date of receipt of a copy of the order made in the writ petition.

2. Short facts leading to the appeal are that, the respondent appeared in Customs House Agent written examination and oral examination held under Regulation 9 of the Customs House Agents Licensing Regulation, 1984. He was declared qualified in the examination, by a communication issued by the Office of the Commissioner of Customs.

3. Central Board of Excise and Customs made a new Regulation for Customs House Agents in the year 2004, in short referred to as CHALR, 2004. Regulation 9 of CHALR 2004 prescribes passing of an examination, in terms of Regulation 8 of the new Regulation 2004, as a condition precedent for grant of licence under Regulation 9 of CHALR 2004. Subsequent to the formulation of CHALR 2004, appellants denied grant of licence on the grounds inter alia that the respondent cleared the examination only under the 1984 Regulation.

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 Custom House Agent License, is reproduced here under:

Circular No.6/2013-Cus., dated 6-2-2013 F.No.494/4/2012-Cus.VI Government of India Ministry of Finance (Department of Revenue) Central Board of Excise & Customs, New Delhi Subject : Issue of Custom House Agent Licence.
Attention is invited to Board's Circular No.9/2010-Customs, dated 8.4.2010 [2010 (252) E.L.T. T29] on the above said subject.
2. The Hon'ble Supreme Court in Civil Appeal Nos.4053-4061 of 2012 [arising out of SLP (C) Nos.19124-19132 of 2010] in the case of Sunil Kohli and others v. Union of India and others vide order dted 27-4-2012 [2012 (285) E.L.T. 481 (S.C.)] has held that 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.