Supreme Court of India · 1985-07-08
M/S. DHANPAT OIL & GENERAL MILLS vs UNION OF INDIA & ORS.
- Citation / case number
- SC 1979/62728
- Court
- Supreme Court of India
- Petitioner
- M/S. DHANPAT OIL & GENERAL MILLS
- Respondent
- UNION OF INDIA & ORS.
- Author
- R.S. PATHAK
- Bench
- R.S. PATHAK
Judgment text excerpt
The Supreme Court held that under the Produce Cess Act, 1966, the appointment of a 'Collector' is essential for the enforcement of provisions related to the filing of monthly returns under Section 8. The Court clarified that the absence of a 'Collector' does not absolve the occupier from the liability to pay cess or face prosecution for non-compliance. The Court upheld the validity of the cess levy, emphasizing that the statutory framework mandates the appointment of authorities for effective implementation of the Act, thus ruling against the appellant's claims of jurisdictional invalidity.