TMI Blog1987 (8) TMI 224X X X X Extracts X X X X X X X X Extracts X X X X ..... was less than 600 gms. Therefore, his turnover was termed to be low and their respondent was not considered as fulfilling the condition laid down under Rule 3(ee) of Gold Control (Licensing of Dealers) Rules, 1969. It has also been held that the respondent has not declared himself as wholesale dealer in the G.S.6 application submitted by him for renewal of the gold dealers licence. 2. On appeal to the Collector of Customs (Appeals), New Delhi, it was urged by the respondent before that authority that he was fully engaged in manufacturing gold ornaments for other dealers during the relevant period to the tune of 21,261.450 gms. As such, he did not make ornaments for other customers. Yet he manufactured substantial quantity for the dealers ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eckoned has to be with the persons other than licensed dealers. It has also. been urged that the term dealer as defined in the Gold Control Act (GCA) is of no relevance or bearing so far as the provisions of the Gold Control (Licensing of Dealers) Rules, 1969 are concerned which prescribes specific conditions regulating the grant/renewal of gold dealers licence. 4. The respondent in response to notice for hearing has requested for decision of the case on merits on the basis of grounds taken before the Appellate Collector. 5. Learned SDR, on the other hand, has reiterated the aforesaid grounds set out in the appeal memorandum. 6. We have carefully considered the pleas advanced on both sides. We observe that the term wholesale dealer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, respondent can be considered to be a wholesale dealer inasmuch he had been making ornaments in wholesale lots for other dealers - a plea taken before the lower appellate authority by the respondent herein and not rebutted or controverted by the appellant-Collector in his appeal memorandum. On this ground itself, the licence has been rightly ordered to be renewed by the lower appellate authority. 7. We further observe that even in respect of the alternative condition provided in Rule 3(ee) of the said Rules Explanation I thereto has defined the term turnover for the purpose of the said Rule. This explanation further lays down that the turnover of not more than 50 gms. per month in the preceding 12 months may not be considered too low ..... X X X X Extracts X X X X X X X X Extracts X X X X
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