Adhdaar and PAN mandatory for Customs Broker License

Adhdaar and PAN mandatory for Customs Broker License

The government of India has made Adhdaar and PAN mandatory for Customs Broker License with the Notification No. 41/2018-Customs (N.T.). In this notification, some basic concepts are also explained by definitions and explanations.

1. Short title, commencement, and application. 

(1) These regulations may be called the Customs Brokers Licensing Regulations, 2018.
(2) They shall come into force on the date of publication in the Official Gazette.
(3) These regulations shall apply to, a Customs Broker who has been licensed and such other persons who have been employed or engaged by a licensed Customs Broker under these regulations or the Customs House Agents Licensing Regulations, 1984 or the Customs House Agents Licensing Regulations, 2004 or the Customs Brokers Licensing Regulations, 2013.
(4) Every license granted or renewed under these regulations shall be deemed to have been granted or renewed in favor of the licensee, and no license shall be sold or otherwise transferred.

Download The Full Notification:- Notification 

2. Definitions.

(1)In these regulations, unless the context otherwise requires,

(a) “Aadhaar number” means an identification number issued to an individual under subsection (3) of section 3 of The Aadhaar(Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016);

(b) “Act” means the Customs Act, 1962 (52 of 1962);

(c) “company” means a company as defined in the Companies Act, 2013(18 of 2013);

(d) “Customs Broker ” means a person licensed under these regulations to act as an agent on behalf of the importer or an exporter for purposes of the transaction of any business relating to the entry or departure of conveyances or the import or export of goods at any Customs Station including audit;

(e) “firm”, “firm name”, “partner” and “partnership” shall have the same meanings respectively assigned to them in the Indian Partnership Act, 1932 (9 of 1932), but the expression “partner” shall also include any person who, being a minor, has been admitted to the benefits of partnership;

(f) “Form” means the form appended to these regulations;

(g) “F cardholder” means a person who has passed the examination referred to in regulation 6 and has been issued a photo identity card in Form F;

(h) “G cardholder” means a person who has passed the examination referred to in regulation 13 and has been issued a photo identity card in Form G;

(i) “H cardholder” means a person who has not passed the examination referred to in regulation 13 and has been issued a photo identity card in Form H;

(j) “PAN” is the Permanent Account Number issued under section 139A of the Income Tax Act, 1961(43 of 1961);

(k) “GSTIN” means a 15 digit state-wise PAN-based Goods and Services Tax Identification Number assigned at the time of issue of Goods and Services Tax registration certificate.

(l) “section” means a section of the Act.

(2) The words and expressions used herein and not defined in these regulations but defined in the
Act shall have the same meanings respectively assigned to them in the said Act.