1982 (2) TMI 306

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....h ORDER [Order per : Shri Moheb A.M., Dy. Collector, Customs (Preventive)]. - Facts of the case in brief are that as application was filed by Shri Kohtari Rameshkumar Misrimal for grant to a licence of deal in gold in the prescribed form and on payment of the prescribed licence fee on 21st January, 1981. Copy of the ground plan, where he intends to start business was also furnished along wit....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... no need to increase the number of dealers existing in the city. Advocate Shri D.H. Shah on behalf of the party filed reply to the show cause notice, vide his letter dated 18-8-1981. After considering all the facts, the Deputy Collector passed an order rejecting his application of dealers licence, vide Order F. No. XVII(GC)7-22/81, dated 5th Sept., 1981. The applicant preferred an appeal against t....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ited his attention to an order passed by the Govt. of India in the capacity of Revisional Authority, wherein the said authority has directed the lower Authority to take into consideration the norms fixed by the Govt. in regard to licensing of Dealers. In the said Order, the Govt. seemed to have directed that the availability of business per head of the existing dealers should also be considered in....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ssue under the statute. Elevating Departmental instructions to the status of statutory provision is fraught with dangerous consequences. For instance, if the Departmental instructions are not in favour of issuing a licence, on that score alone an application for a dealer's licence cannot be refused. Similarly, an application cannot be entertained if the applicant fails to satisfy the provisions of....