CHALR - Board Finally Relents and "accepts" Supreme Court Order
WHEN you talk to any Revenue officer about a Tribunal order, the first question you will be confronted with is, “has the Commissioner accepted the order?” and when you cite a Supreme Court order, the question is, "has the Board accepted the order?”
The Supreme Court had on 27.4.2012 in Sunil Kohli and others vs. Union of India and others - held that those who had passed the examination under Customs House Agents Licensing Regulations, 1984 need not have to again appear for examination under the Customs House Agents Licensing Regulations 2004 (CHALR 2004).
The benign Board has accepted the order of the Supreme Court and decided that Customs shall no longer insist that persons who have passed the examination under the 1984 Regulations have to additionally qualify in the new subjects. The Board has deleted Paras 8.1 and 8.2 of the Circular No. 9/2010- Customs dated 08.04.2010 to implement the decision of the Supreme Court.
Regulation 8(9) of the Customs House Agents Licensing Regulations, 2004, which stipulates passing of examination in certain newly introduced subjects, is omitted.
Circular No. -Cust., Dated: February 06, 2013 and Notification No. -Cust., (N.T.), Dated : February 06, 2013