9911796707
TMI Blog1987 (3) TMI 217X X X X Extracts X X X X X X X X Extracts X X X X ..... gold dealers business. Acting on the guidelines laid down in Rule 2(f) of the Gold Control (Licensing of Dealers) Rules, 1969, the original authority has stated that the turnover in the preceding three years namely, 1980, 1981 and :1982 in the town of Kashipur had been as follows :- Year Turnover 1980 2234.874 gms. for 3 gold dealers. 1981 1889.305 gms. for 2 gold dealers. 1982 2765.509 gms. for 3 gold dealers. Original authority on the basis of the above data has come to the conclusion that the turnover in 1982 was 921.836 gms. per dealer per year as against the turnover of 944.652 gms. per dealer per year in 1981. In this view of things the original authority considered ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re is no justification at all for denying such a licence to the petitioner. It has been argued by the Consultant for the appellant that the facts in the instant case before the Tribunal are more or less identical to the facts of the case before the High Court of Kerala. Ratio of the said judgment, therefore, strictly covers the instant case. 3. On the question of lack of experience of the appellant, learned Consultant has drawn attention to para 5 on page 2 of the Order-in-Original wherein it has been clearly stated that before the promulgation of Defence of India Rules, 1963, i.e. before the imposition of Gold Control Rules, his father was having the business of gold and silver bullion and the ornaments made therefrom. However, after the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the turnover in 1982 increased to 2765.509 gms. There is thus clearly an increasing trend of turnover. On the basis of the evidence on record, we also cannot accept that the appellant lacks experience in dealing in gold ornaments as well as making and manufacturing of gold ornaments. Case of the appellant is further strengthened by the fact that another firm M/s. Ashok Jewellers has been granted a licence for dealing in gold. Ratio of the judgment of Kerala High Court relied upon by the learned Consultant is apt in the facts and circumstances of this case. In the absence of any contrary judgment of any other High Court having been pointed out by the department we have to follow the ratio of the judgment in accordance with the practice of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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