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Issues:
Grant of gold dealer's license based on experience requirement under Rule 2(b) of Gold Control (Licensing of Dealers) Rules, 1969. Analysis: The judgment involves an appeal against the rejection of an application for a gold dealer's license by the Deputy Collector of Customs (Preventive) based on the applicant's alleged lack of experience in dealing with gold or making ornaments. The appellant contested the decision on various grounds, including the interpretation of Rule 2(b) and the validity of the respondent's experience. The Collector (Appeals) had overturned the rejection, considering the respondent's valid goldsmith certificate and experience working in a licensed gold dealer's firm. The appellant raised concerns about the mandatory nature of Rule 2 requirements and the sufficiency of the respondent's experience. The key issue revolved around the interpretation of Rule 2(b) of the Gold Control (Licensing of Dealers) Rules, which mandates experience in dealing with or making ornaments from gold. The appellant argued that the rule's provisions are mandatory, emphasizing the lack of concrete evidence regarding the respondent's experience. However, the Collector (Appeals) found that the rule allows for discretion in assessing experience requirements, citing a previous tribunal decision supporting this view. The judgment highlighted that the rule does not specify a timeframe for the required experience, supporting the discretionary approach taken by the Collector (Appeals). The judgment also addressed the respondent's experience as a certified goldsmith and his work history at a licensed gold dealer's firm. Despite discrepancies in the records and doubts raised by the licensing authority, the tribunal favored the respondent's affidavit and upheld the Collector (Appeals) decision. The tribunal emphasized that the respondent's current certification and work experience could be considered as fulfilling the experience requirement, even if not fully met at the time of application. The tribunal dismissed the appeal, citing the lack of substantial grounds to challenge the Collector (Appeals) findings and direction. In conclusion, the tribunal's decision upheld the grant of a gold dealer's license to the respondent based on a flexible interpretation of the experience requirement under Rule 2(b) of the Gold Control (Licensing of Dealers) Rules. The judgment emphasized the discretion available in assessing experience and considered the respondent's current certification and work history as sufficient to meet the requirement, rejecting the appellant's arguments against the decision.
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