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1985 Supreme(SC) 180

A.V.VARADARAJAN, S.MURTAZA FAZAL ALI, SABYASACHI MUKHARJEE
I. T. C. LTD. – Appellant
Versus
State of Karnataka – Respondent


Advocates:
A.K.SEN GUPTA, A.K.VERMA, Aditya Narain Singh, Ashok Kumar, B.G.SRIDHARAN, B.P.SINGH, BINA TAMTA, D.N.Mishra, Devendra Singh, DIVYA BHALLA, E.C.Vidya Sagar, E.R.Kumar, H.B.DATAR, K.L.SHARMA, K.N.MADHYSUDHAN, M.VIRAPPA, MANJU SHARMA, Mukul Mudgal, P.H.Parekh, P.P.BHATT, P.R.MRIDUL, R.B.DATAR, RANJIT GHOSAL, S.M.KACKER, S.N.HAKSAR, S.Ramachanra Rao, S.S.JAVALI, S.T.DESAI, SOLI J.SORABJI, SVARAJ KAUSHAL, V.C.BRAHMAIAYAPPA, V.M.TARKUNDE, Y.S.Chitale

FAZAL ALI, J.

(1) I have carefully gone through the judgment of my learned Brother, Mukharji, J., on the question of fee levied by the Karnataka State on the agricultural produce brought to the market for sale in that State. The theory of nexus between the fee levied and the services rendered cannot be reduced to a ritualistic formula so as to close it in a strait-jacket nor can it be weighed in golden scales. All that is necessary is that there should be a direct nexus between realisation of fees and the services rendered. What would be the nature of the services, when and how it should be rendered and in what measure is entirely a matter for the market committees to decide or determine. So long as the money is realised, even though on the higher side, but is spent on the extension and expansion of the markets, market yards, market facilities, godowns, rest houses, buildings, even roads leading up to the markets, that would be fully within the concept of a fee and could not be labelled as a tax on the purchasers at the auction of goods or articles in the market. It is, however, difficult to lay down any hard and fast rule for determining the extent and contou





































































































































































































































































































































































































































































































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