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M. R. SHAH, B. V. NAGARATHNA
Krishi Upaj Mandi Samiti, New Mandi Yard, Alwar – Appellant
Versus
Commissioner of Central Excise and Service Tax, Alwar – Respondent
JUDGMENT :
M.R. SHAH, J.
1. As common questions of law and facts arise in these group of appeals and as such are arising out of the impugned common judgment and order passed by the Customs, Excise and Service Tax Appellate Tribunal, Principal Bench, New Delhi (hereinafter referred to as “CESTAT”), all these appeals are decided and disposed of together by this common judgment and order.
2. That the respective appellants herein are the Krishi Upaj Mandi Samiti (Agricultural Produce Market Committees) located in different parts of State of Rajasthan. The respective appellants are established under the provisions of the Rajasthan Agricultural Produce Markets Act, 1961 (hereinafter referred to as “Act, 1961”). That the State Government constituted various Market Committees (including the appellants herein) in the notified market areas to carry out the functions as envisaged in the Act, 1961 and the Rules made thereunder. That the respective appellants regulate sale of agricultural produce in the notified markets. They charge “market fee” for issuing license to traders, agents, factory /storage, company or other buyers of other agricultural produce. The appellants also rent out the land and
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
Activities classified as taxable services under service tax law despite claims of horticulture and municipal function exemptions, with penalties upheld for non-disclosure.
(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....
Payments made by the Market Committee for statutory purposes under the Income Tax Act are not loan repayments and should not be disallowed as double deductions.
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