CBDT can seek higher qualification for license

MADURAI: The Madurai Bench of the Madras High Court has ruled that the Central Board of Direct Taxes was entitled to prescribe higher qualifications for issuing Customs House Agents licence "in view of the changed circumstance".

Dismissing a petition,challenging the new regulation Justice K Chandru said "there is nothing illegal or irregular in amending the CHAL regulation 2004."

The petitioner had no locus standi to file the case challenging the circular issued by the Board on June10, 2004 after the new regulations were brought,suspending the old regulations framed in 1984.

As per the new regulations an applicant who is authorised to be employed as an Agent should be a graduate and must possess a professional degree such as Chartered Accountant, MBA and Diploma in customs clearance work or Degree in Law.

He said a licensing authority could prescribe higher qualification necessary to upgrade the skill of the agents dpending on the complexity of the situation like globalisation and liberalisation.

He rejected the petitioner's contention that his chances of getting licence had been curbed owing to the new regulation,though he had cleared oral and written examination under old regulation."The Petitioner can even now qualify himself to get the licence." the judge said.