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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ANANT RAMANATH HEGDE
Parisons Milling Co. Private Limited – Appellant
Versus
State of Karnataka – Respondent
ORDER :
1. These three Writ Petitions are filed assailing three different orders dated 17.11.2021, passed by second respondent. The impugned order in each of the petitions is marked at Annexure-A. The petitioner in each of the petitions is different, and the respondents are the same. The questions involved in each petition are the same. Hence all the petitions are clubbed and heard together.
Facts in W.P. No.14908/2022
2. In terms of Annexure-A, second respondent has directed the petitioner to pay Rs.73,69,200/-. Out of the said amount, Rs. 18,42,300/- is the market fee at 1.5% on Rs. 12,28,20,000/-, the value of the agricultural produce (11,000 metric tonnes of wheat), and Rs. 55,26,900/- is the penalty.
3. The petitioner M/s. Parisons Milling Company Private Limited is directed to pay the said amount on the premise that the petitioner has sold 11,000 metric tonnes of wheat within the “market area” as defined in the Karnataka Agricultural Produce Marketing (Regulation and Development) Act, 1966 ( for short ‘Act, 1966’).
4. In terms of the impugned order, second respondent rejected the petitioner's claim that on 28.10.2006, it sold 9,000 metric tonnes of wheat, on “high seas” to its sis
Endorsement on Bills of Lading is crucial for validating sales on high seas; absence renders a transaction an agreement for sale, attracting market fees under the jurisdiction of the Agricultural Pro....
The burden of proof lies with parties claiming exemption from market fees, necessitating sufficient evidence of transactions occurring outside designated market areas.
Industrial concerns are not liable to pay market fees on agricultural produce brought into the market area for processing and manufacturing under section 28 of the Act, 1963, provided that they have ....
(1) It is obligation of importer to realise market fee from purchaser and pay the same to Market Committee.(2) It is sale within market area that attracts levy of market fee and not first purchase th....
Guidelines for Price Support Scheme – guidelines issued by the Government of India to refuse to comply with its obligation to pay the market fees to the petitioner
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