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N. ANAND VENKATESH
P. Regin – Appellant
Versus
State of Tamil Nadu – Respondent
ORDER :
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 4 and 5 to forbear from levying 1% market fee on the cashew nuts imported by the petitioner from foreign countries, and further direct the said respondents to refund forthwith the amount unauthorisedly collected to a tune of Rs. 16,00,178/- (Rupees Sixteen Lakhs One Hundred and Seventy Eight only).
1. This Writ Petition has been filed for issuance of Writ of Mandamus, forbearing the fourth and fifth respondents from levying 1% market fee on the cashew nuts imported by the petitioner from the foreign countries and for a further direction to the respondents to refund the sum of Rs. 16,00,178/- (Rupees Sixteen Lakhs One Hundred and Seventy Eight only), that was collected from the petitioner towards the market fee.
2. The case of the petitioner is that he is the Proprietor of an Agency, which is involved in the business of importing raw cashew nuts from other Countries, which is processed in the Factory and the processed cashew nuts are sold across India. The petitioner is also the Managing Director of another Company, which is involved in the
Market fees under the Tamil Nadu Agricultural Marketing (Regulation) Act, 1987, cannot be levied on agricultural produce imported for processing or export unless it is not processed or exported withi....
(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....
Market fees can only be levied if agricultural produce is sold or purchased within the notified market area, as per Section 12(1) of the A.P. Markets Act.
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 ....
The burden of proof lies with parties claiming exemption from market fees, necessitating sufficient evidence of transactions occurring outside designated market areas.
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
Market Committees have the implied authority to levy and assess fees under the M.P. Agricultural Produce Markets Act despite the absence of explicit procedural rules.
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