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TMI Blog1988 (12) TMI 279X X X X Extracts X X X X X X X X Extracts X X X X ..... lector failed to appreciate that the appellant having worked since 1974 as a salesman was eligible for a Gold Dealers Licence. In rejecting the application, for licence the lower authority has relied upon the figures of turnover of last three years in order to invoke the provisions of Rule 2(0 of the Gold Control (Licensing of Dealers) Rules 1968. The figures of turnover of last three years relied upon in the above order did not disclose the continuous decline. 3. During the course of the personal hearing the Adv. drew my attention to the order No. 263/88/WRB, passed by CEGAT, Bombay, in the matter of Shantilal G. Jain v. Collector of Customs (Prev.), Bombay, reported in 1988 (17) ECR 389 and submitted that the identical question of law ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... application should be made within 60 days of leaving 'such' employment. This view has also been taken by the South Regional Bench, Madras in the case of Collector of Central Excise v. Uttamchand Jain. Insofar as the turnover is concerned, there has been an appreciable decline in turnover between 1983 and 1984 and the case merits rejection under 2(f)." 5. I first take up the issue of not making the application within 60 days of leaving such employment as stipulated in proviso (f) to Rule 2(f). The appellant had stated that he had made the application dated 26-8-1985 and appellant was working with M/s. Shree Harsha Jewellers, Bombay-77, from 1-1-1983 to 14-8-1985. This should prove that the appellant had made the application within 60 days ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issued by same authority I accept the one which is more favourable to the appellant for obvious reasons. The Appellate Tribunal in its order cited above has ruled that, "the decline in turnover by itself should not be made a basis for non-issue of fresh licence". In this case, there is no decline in turnover but there is a substantial rise in the turnover. No minimum turnover of business in gold for town, city and district has been prescribed in the statute. 7. The Appellate Tribunal in its order in para 32 has observed as follows to explain the relevancy of the turnover of business in gold in the matter of grant of Gold Dealers Licence: "It is further necessary to point out that as the law now stands, the existing dealer's licence can ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cence. 9. The powers under Section 27 of the Gold Control Act to issue licences are delegated by the Gold Control Administrator to the Officer of and above the rank of the Asstt. Collector. The powers to restrict or reduce the number of licensed dealers is vested with the Central Govt. under Section 27 (6A) of the Gold Control Act. If the Central Govt. is of the opinion that it is in public interest to reduce or restrict the number of licensed dealers, the direction to that effect should have been issued to the Gold Control Administrator. In the absence of any such directions, the officers, whom the powers under Section 27 are delegated, cannot refuse to grant a licence under Rule 2(f) of the Gold Control (Licensing of Dealers) Rules, 1969 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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