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RITU BAHRI, MANISHA BATRA
Amar Flour Mills – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. registration and processing of wheat by petitioner (Para 2 , 3 , 4 , 5 , 6) |
| 2. exemption from market fees under rule 30(13) (Para 7 , 8 , 9 , 10) |
| 3. previous court rulings support exemption (Para 11 , 12 , 13 , 14) |
| 4. court's final decision to allow writ (Para 15 , 16) |
JUDGMENT
Ritu Bahri, J. (Oral)
The present petition has been filed seeking a writ of certiorari for quashing of order dated 29.05.2007 (P-2) and notice dated 25.04.2008 (P-4) issued by respondent no. 3.
2. Brief facts of the case are that petitioner-unit is engaged in the processing of agriculture products such like wheat, maze etc. for manufacturing wheat flour and its secondary products. The petitioner unit got registered as small scale unit with the Director of Industries, Punjab. As per certificate issued by the Directorate of Industries, the unit is producing wheat flour, mill atta, suzi and bran etc. (The Petitioner unit also obtained license in Form-B from the concerned Secretary of Respondent Market Committee which is valid. As per the license, a dealer as defined under the Punjab Agricultural Produce markets Act, 1961 (hereinafter referred as the 'Act 1961') is authorized to purchase, sale, stor
(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....
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 ....
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.
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.
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
The court emphasized the necessity of complying with procedural requirements and principles of natural justice in administrative assessments, ruling that unauthorized assessments contravene statutory....
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