TMI Blog1987 (12) TMI 145X X X X Extracts X X X X X X X X Extracts X X X X ..... nts application for renewal of their Gold Dealers Licence was rejected on the ground that the appellants were found to have contravened Section 33 of the Gold (Control) Act, 1968, the Act for short, in respect of non-accountal of gold ornaments weighing 596.100 gms. on 21-4-1983. The appellants were proceeded against in connection with the non-accountal resulting in an order of adjudication by the Additional Collector of Central Excise, Cochin, dated 5-6-1984 imposing a fine of Rs. 10,000 in lieu of confiscation of the gold ornaments of 596.100 gms. besides a penalty of Rs. 5,000/-. 3. Shri Prabhakara Sastry, the learned counsel for the appellants, submits that merely because the licensed Gold Dealer was found to have contravened the pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or serious in character. This issue has been decided in a number of appeals in the Tribunal and we may usefully refer to the Bench ruling of the Tribunal in the case of M. Sadananda Pal v. Collector of Central Excise, Cochin, reported in 1986 (26) E.L.T. 602, and the ruling of the Bench in the case of S. Mahaveerchand v. Collector of Central Excise, Bangalore, in Gold Control Appeal No. G/343/87 dated 19-11-1987. In the latter ruling the Bench has also adverted to the decision of the Collector of Central Excise (Appeals), Madras, dated 7-7-1987 in the case of M/s. Kalpana Jewellery of Coimbatore in his order in Appeal No. 88/1987. The Kalpana Jewellery case related to a case of non-accountal of 220 gms. of new ornaments and non-accountal w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al was either for several days or for that matter a week even. No prosecution also was thought necessary by the authorities having regard to the nature of the contravention. In this connection we would also like to extract the observations of the Gold Control Administrator in the Ministry s letter F. No. 132/6/85 G.C. dated 27-2-1987 : I think the views expressed by CCE, Madurai deserve careful consideration. We should be circumspect about taking a step so drastic as cancellation of a licence of a dealer for indulging in repeated infractions of the Law and for being convicted in prosecution proceedings launched under the Gold Control Act. If licences are cancelled/not renewed in terms of the instructions of 9th July, 1986 the punishment ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
