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july 1985

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.

M/S. DHANPAT OIL & GENERAL MILLS vs UNION OF INDIA & ORS. · Niyam