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TMI Blog1984 (2) TMI 324X X X X Extracts X X X X X X X X Extracts X X X X ..... d that the appellant s application for licence on the prescribed form has been rejected in an arbitrary manner and no personal hearing was granted to the appellant and there is denial of the principles of natural justice. He has submitted that the appellant should have been granted a licence under sub-section (6) of Section 27 of the Gold (Control) Act, 1968. He has also referred to the proviso to rule 2(f) of the Gold Control (Licensing of Dealers) Rules, 1969. He has pleaded that Section 27 should be read with the Rules and as per proviso (b) to sub-rule (f) of rule 2 the appellant is entitled to a gold dealer licence since he is a goldsmith and has pleaded that the appellant should be granted a gold dealer licence and has also pleaded th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essity of granting a licence to the appellant. He has relied on the order passed by the learned Additional Collector and has pleaded for dismissal of the appeal. 4. In reply Shri P.N. Sinha, the learned Consultant has again pleaded that Section 27 of the Gold (Control) Act, 1968 has to be read with the Gold Control (Licensing of Dealers) Rules, 1969. He has submitted that the appellant s turnover has exceeded the limit of two thousand grams as provided in Explanation 2 to sub-rule (f) of Rule 2 of the Gold Control (Licensing of Dealers) Rules, 1969. He has pleaded that Arrah is an important town and there is demand of gold. Lastly he has referred to the judgment in the case of K.R. Shriramalu v. Supdt. of Central Excise reported in (1973 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thing confiscated without option having been given to the owner thereof to pay a fine in lieu of confiscation under Section 73; or (ii) the amount of fine or penalty determined by such order, does not exceed ten thousand rupees. Section 81B of the Gold (Control) Act relates to the procedure of the Appellate Tribunal. The relevant portion is reproduced below : The President or any other member of the Appellate Tribunal authorised in this behalf by the President may, sitting singly, dispose of any case which has been allotted to the Bench of which he is a member where - (a) the value of the thing confiscated without option having been given to the owner thereof to pay a fine in lieu of confiscation under Section 73; or (b) th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m the said order relates. A simple reading of Section 81B clearly shows that Section 81B(2) of the Gold (Control) Act, 1968 vests power with this Court for disposing of cases sitting singly only where the value of the thing confiscated without option having been given to the owner thereof to pay a fine in lieu of confiscation under Section 73 or the amount of fine or penalty involved does not exceed ten thousand rupees. The instant case relates to a finding as to the appellant s right for obtaining of a licence to work as a gold dealer. This case is not covered by the provisions of Section 81B and Hon ble President s order No. 137 of 1983 dated 19th September, 1983. In the circumstances any order passed by me sitting singly will be a nu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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