NDLI: Apmc Yashwanthapura Through Its Secretary Vs. M/s. Selva Foods Through Its Managing Partner

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Karnataka Agricultural Produce Marketing (Regulation and Development) Act 1966
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Karnataka Agricultural Produce Marketing (regulation and Development) Act, 1966 (27 of 1966)
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Karnataka Agricultural Produce Marketing (Regulation and Development) Act, 1966: s.65 – Respondent purchased spices from outside the State of Karnataka and after importing, sold the processed goods within the market areas of the appellant-committee – Imposition of market fee on the respondent – Correctness of – Held: A harmonious reading of s.65(2) of the Act, its second proviso, and explanation to the same and clause (2-A)(ia), makes it clear that if any dealer imports agricultural produce from outside the State into any market area within the State of Karnataka for the purpose of processing and sale, the applicability of second proviso to sub-section (2) of s.65 of the Act, exempting levy of market fee, stood excluded – The explanation to sub-section (2) of s.65 of the Act, makes it clear that even the processed items from the agricultural produce imported from outside the State of Karnataka, attract market fee on sales within the market area of the appellant-Committee – It is also clear from the said Section that it is the obligation of the importer to realise the market fee from the purchaser and pay the same to the Market Committee – It is the sale within the market area that attracts levy of market fee, and not the first purchase that was outside the market area – Notably the goods sold are also notified agricultural produce specified in the Schedule – Respondent is not entitled to claim exemption from payment of market fees.
Judge	Hon'ble Mr. Justice R.Subhash Reddy
Neutral Citation	2021 INSC 887
Petitioner	Apmc Yashwanthapura Through Its Secretary
Respondent	M/s. Selva Foods Through Its Managing Partner
SCR	[2021] 12 S.C.R. 284
Judgement Date	2021-12-14
Case Number	7706

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Apmc Yashwanthapura Through Its Secretary Vs. M/s. Selva Foods Through Its Managing Partner

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Apmc Yashwanthapura Through Its Secretary Vs. M/s. Selva Foods Through Its Managing Partner

Apmc Yashwanthapura Through Its Secretary Vs. M/s. Selva Foods Through Its Managing Partner

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