K V VIJAYKUMAR Vs. DEPUTY COLLECTOR OF CUSTOMS PREV GOLD CONTROL

JUDGEMENT

(1.) THIS is an appeal against the Order No. XVH(GC)7-8/87 dated 7.9.1987 passed by the Deputy Collector of Customs (Prev.), Gold Control, Bombay.

(2.) During the course of Personal Hearing Shri D.H. Shah Advocate representing the appellant reiterated all the submission made in the appeal memo.

(3.) THE Appellant Mr. K.V. Vijaykumar has preferred this appeal against the order of rejection of his application for the grant of Gold Dealer's Licence. THE Appellant is one of the existing partners of the firm M/s. Laxmi Jewellery Mart, holding Gold Dealer's Licence No. 574/Gold/63 at Bombay. Since the appellant wants himself to get separated from the said partnership�business in gold and to start his own, independent business as a Licensed Gold Dealer, the request was made by him to issue Gold Dealer Licence. THE Appellant had given in writing an undertaking to the Gold Control Department that he would retire from the said partnership firm of M/s. Laxmi Jewellery Mart in view of Rule 2(dd) immediately on getting the Gold Dealer's Licence in his individual name. This kind of arrangement is permissible under law and in support of this, the appellant has relied upon the Trade Notice No. 4/79 dated 1.8.1979 issued by the Baroda Central Excise Collectorate. Government of India has also issued the similar advice to all the Collectors in its letter dated 28.9.1978 which is placed on record of this appeal-proceeding.