1989 (1) TMI 225

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....respondent shall be granted a licence within one month from the date of receipt of his ibid order. 2. One Shri Pravin Achaldas Parekh, the respondent herein, vide his application in GS-6, dated 27-3-1986 applied for grant of a gold dealers licence and deposited the requisite fees for licence of Rs. 100. The matter was investigated by the Deputy Collector of Customs (Preventive), Gold Control, who vide his order dated 5-3-87 rejected the application of the respondent for grant of such a licence on the ground that the respondent had not fulfilled the requirement of Rule 2 (b) of the Gold Control (Licensing of Dealers) Rules, 1969, inasmuch as the respondents did not process the requisite experience in dealing in gold or making, manufacturi....

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....e experience from the respondent for the purpose of clause (b) of Rule 2. (iii) The provisions of Rule 2 are mandatory in nature and that the observation of the Collector (Appeals) to the contrary is erroneous. (iv) The Collector (Appeals) ought not to have overlooked the provisions of Rule 2 (f) of the said Rules. (v) There was an error in holding that the respondent had sufficient experience for obtaining a gold dealers licence. 6. We have heard Shri C.P. Arya, the Senior Departmental Representative, of these points. Having heard him at length we found it not necessary to call upon them other side to address us. 7. Before dealing with the other points urged before us, we may make it clear that the provisions of Clause (f) o....