9911796707
TMI Blog1986 (11) TMI 388X X X X Extracts X X X X X X X X Extracts X X X X ..... tral Excise, Chandigarh, directed the petitioner to stop carrying on business as dealers in gold. This direction was issued in pursuance of an order passed by the Customs, Excise and Gold (Control) Appellate Tribunal dated May 30, 1986. The writ petition Therefore really involved the question of correctness of the above decision of the Tribunal. 3. The petitioner, M/s. Talwar Diamonds, is a firm consisting of six partners. Three of the partners of the firm are already partners in a firm known as M/s. Talwar Jewellers which holds a license as a dealer under the Gold (Control) Act. The Firm, M/s. Talwar Diamonds, also applied for a license in the prescribed form. But this application was rejected by the Deputy Collector, Central Excise, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... c personality and that when a license is granted in the mane of firm, it is really a license granted to all the partners of the firm Jointly. It is submitted that since three of the partners of M/s. Talwar Jewellers thus held a license in their names jointly along with three others and since these persons are partners in the petitioner firm, the prohibitions contained in rule 2(dd) will come into operation. 6. We are unable to accept the contention urged on behalf of the Department. A perusal of the Gold (Control) Act clearly shows that a license under the Act is to be granted to a dealer . Dealer is defined in section 2(h) as including a Hindu undivided family, a local authority, company, society registered under the Societies Regist ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s under the Income Tax Act, so under this Act a firm is also a person capable of holding a license. The terms of rule 2(dd) do not, Therefore, apply where the applicant firm is not the holder of another gold dealer's license, except perhaps, in a case where all the partners of the applicant firm are partners in another firm holding a valid license. Our conclusion is also fortified by the form prescribed for application for a license under the Gold control (Forms, Fee and Miscellaneous Matters) Rules, 1968, where one of the columns requires an applicant to name the partners of the firm. 7. We, are, Therefore, satisfied that the petitioner is not disqualified by the terms of rule 2(dd) from being granted a license. We, Therefore, qua ..... X X X X Extracts X X X X X X X X Extracts X X X X
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