COMMISSIONER OF INCOME TAX-IIversusM/S. KRISHI UTPADAN MANDI SAMITI
2012 INSC 43327 September 2012Dismissed
The Mandi Samiti, a market committee established under the Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964, collects market fees and is statutorily required to transfer certain amounts to the Mandi Parishad. Both entities are registered under Section 12AA of the Income Tax Act, 1961. The Revenue argued that these tr…
HEINZ INDIA PVT. LTD. & ANR.versusSTATE OF U.P. & ORS.
2012 INSC 14723 March 2012Dismissed
Heinz India Pvt. Ltd. and other dealers challenged market fee assessments levied by the Uttar Pradesh Krishi Utpadan Mandi Samiti, claiming that the ghee they exported was transferred as stock and not sold within the mandi, thus exempting them from the fee. The Samiti rejected the refund claims, holding the statutory p…
DIRECTOR, KRISHI UTPADAN MANDI SAMITI AND ANR.versusM/S. RAM KISHAN DA YA RAM & CO.
2007 INSC 95419 September 2007Dismissed
The State of Uttar Pradesh appointed the U.P. Forest Corporation as its agent to trade in tendu leaves. Under the Uttar Pradesh Krishi Utpadan Mandi Act, a market fee is payable by traders, and a proviso in Section 17(iii)(3) makes the trader liable even if the fee is not realised from the purchaser. The Corporation ag…
STATE OF U.P.versusNEERAJ AWASTHI AND ORS.
2005 INSC 62916 December 2005Appeal(s) allowed
The Uttar Pradesh State Agricultural Produce Market Board appointed 1,021 employees between April 1996 and October 1997 without complying with the statutory provisions of the Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964 and its service regulations. The State later cancelled those appointments on a last‑come‑first…
KRISHI UTPADAN MANDI PARISHAD AND ANR.versusI.T.C. LTD.
2006 INSC 85416 November 2006Disposed off
The appellant Mandi Parishad sought market fee on cut tobacco processed by ITC Ltd in Saharanpur and sent to its own factory in Calcutta and to contract manufacturers. The Mandi Samiti’s President exempted the consignment to Calcutta but referred the contract‑manufacturer case to the Director, who ordered a fresh decis…
STATE OF RAJASTHANversusMOOL CHAND AND ANR.
2004 INSC 60714 October 2004Appeal(s) allowed
The State of Rajasthan prosecuted licensed traders Mool Chand and others for evading market duty under the Rajasthan Agricultural Produce Market Act, 1961. The trial court convicted them, sentencing them to three months' imprisonment and ordering payment of the evaded duty. The High Court set aside the conviction, rely…
KESARWANI ZARDA BHANDARversusSTATE OF U.P. AND OTHERS
2008 INSC 67414 May 2008Appeal(s) allowed
The appellants challenged the levy of market fee on Zafrani Zarda, a chewing tobacco product, under the Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964. The issue was whether Zafrani Zarda qualifies as a "specified agricultural produce" and, if so, whether it is a "processed" form of tobacco (liable to fee) or a "ma…
M/S PARK LEATHER INDUSTRY (P) LTD. AND ANR.versusSTATE OF U.P.
2001 INSC 9014 February 2001Dismissed
Park Leather Industry and another, engaged in preparing tanned leather, challenged the levy of market fees imposed by the State of Uttar Pradesh under the Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964, on the ground that tanned leather is a distinct manufactured commodity and not "hides and skins" covered by the d…
KRISHI UTPADAN MANDI SAMITI, ALLAHABADversusM/S. BAIDYANATH AYURVED BHAWAN (P) LTD. AND ANR.
2011 INSC 57211 August 2011Appeal(s) allowed
The Uttar Pradesh Krishi Utpadan Mandi Samiti (appellant) issued notices to Mis. Baidyanath Ayurved Bhandan Ltd. (respondent) demanding a licence under Section 9 of the Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964, because the company bought agricultural produce such as gur, amla and ghee in bulk and used them as…
KRISHI UTPADAN MANDI SAMIT! AND ANR. ETC.versusSHANKAR INDUSTRIES AND ORS. ETC
1993 INSC 5311 February 1993Appeal(s) allowed
The Supreme Court examined whether gur‑lauta, raskat, rab‑galawat and rab‑salawat—inferior forms of gur and rab derived from sugarcane or molasses—constitute "agricultural produce" under Section 2(a) of the Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964 and are therefore liable to market fee. The High Court Full Be…
KRISHI UTPADAN MANDI SAMITI, GHAZIABAD AND ANR.versusM/S. METAL CRAFT & ORS.
2008 INSC 7667 July 2008Dismissed
The appellant Krishi Utpadan Mandi Samiti, Ghaziabad claimed market fee under Section 17(iii)(b) of the Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964 on rice exported by the respondent partnership firm. The respondent argued that the rice was purchased from millers outside Uttar Pradesh and shipped directly to por…
SREENIVASA GENERAL TRADERS & ORS. ETC.versusSTATE OF ANDHRA PRADESH & ORS. ETC.
1983 INSC 1146 September 1983Dismissed
The Supreme Court examined the constitutional validity of the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966, particularly section 7(6) which bans sale of notified produce outside the market, and section 12(1) which authorises a market fee. The petitioners argued that these provisions infringed A…
KRISHI UTPADAN MANDI SAMITI, MUZAFFARNAGAR (U.P.), ETC.versusRATAN PRAKASH MANGAL & ORS., ETC.
1988 INSC 1516 May 1988
The Krishi Utpadan Mandi Samiti sought to acquire Plot No. 289 for a market yard and the State issued several notifications under the Land Acquisition Act, 1894. Earlier notifications were partially quashed by the High Court, but the State later issued fresh notifications in May 1982 invoking Section 17(4) to dispense …
MIS. KUMAON SEEDS COPRN. & ORS.versusKRISHI UTPADAN MANDI SAMITI, KASHIPUR & ORS.
2011 INSC 1783 March 2011Disposed off
Kumaon Seeds Corp. and others, dealers in certified seeds, were served with show‑cause notices by the Krishi Utpadan Mandi Committee seeking to levy a market fee under the Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964. The dealers filed suits challenging the notices; the High Court dismissed the suits, upheld the …