Court : Delhi
Reported in : 142(2007)DLT200; 2007(97)DRJ59
..... final disposal, such amount, to the extent it represents together with interest due thereon at the rate of twelve and a half per cent per annum from the date on which such amount was realised by him:provided that-(i) the interest due on so much of such amount as was realised before the date of commencement of the levy sugar price equalisation fund (amendment) act, 1984 and is not credited to the fund together with interest at the aforesaid rate of twelve and a half per cent per annum before ..... consequent upon the said judgment of the hon'ble supreme court in malaprabha i, the respondent sugar producers were required to refund the excess realisation for the sugar season 1982-83 along with interest to the levy sugar price equalisation fund (lpsef) in terms of section 2(b) of the lspef act 1984. ..... union of india : air1994sc1311 (hereafter malaprabha i), in respect of the levy price for the season 1974-75 to 1979-80, the hon'ble supreme court issued directions to the central government to amend the levy price notification after taking into account the liability of the sugar manufacturer under clause 5 a of the sugarcane (control) (order) 1996 and re-fix the price of levy sugar having regard to the factors in section 3(3c) of the ec act. ..... union of india (1977) 4 scc 140, the court held that section 3(3) of the 1976 act which provided for interest on the excess realisation was applicable to the appellants in that case.18. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1977SC2041; (1977)4SCC130; 1977(9)LC431(SC)
..... was necessary to be done in order to restore to the scattered community of small consumers their hard earned money improperly collected by the petitioners under the cover of judicial order and with that end in view, it enacted the levy sugar price equalisation fund act, 31, of 1976 (hereinafter referred to as the act). ..... case, excess realisations were made by the petitioners since they realised, on the sale of levy sugar, price in excess of the controlled price and it would seem prima facie that the excess realisations having been made before the commencement of the act, the petitioners were bound under sub-section (3) of section 3 to credit to the fund, within thirty days of the commencement of the act, the amounts representing such excess realisations together with interest at the rate of 121/2% ..... or in any court of appeal or revision, credit such amount, to the extent it represents any excess realisation, to the fund.section 5 provided that where any amount is credited to the fund under section 3, the producer by whom such amount is credited shall, upon such crediting, be discharged from the liability to make repayment of such amount to the person entitled thereto and section 6 gave a right to the buyer from whom any excess realisation was made ..... action against the dealer or the petitioners for the purpose of recovering the little excess paid by him would be nothing short of denying relief to him and allowing the ill-gotten wealth to remain in the coffers of the petitioners. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC1199; JT1999(1)SC543; 1999(1)SCALE468; (1999)2SCC518; [1999]1SCR569
..... after dismisal of the aforesaid writ petition the parliament passed an act known as levy sugar price equalisation fund act. ..... the high court after hearing the matter directed the appellants to credit to levy sugar price equalisation fund the difference between the control price of rs. ..... the appellants challenged the aforesaid sugar price determination order and levy control order by means of separate petitions before the gujarat high court. ..... 124.59 and the price realised by them in respect of levy sugar sold by them between 31.7.72 to 12.3.73. ..... the levy (sugar control) order, 1972 was issued under which the sugar manufacturers were required to sell sugar to the union government, state government or their nominees at the controlled price of rs. ..... on 15th june, 1972 the respondent issued an order known as sugar price determination order and on the same day. ..... 2041 has held that sub-sections (4) and (5) of section 3 do not apply to a case in which interim order made by a court has already come to an end as a result of termination of final proceedings before the commencement of the act. ..... the appeals limited to the question as regards the liability of the appellants to pay interest on the amounts which they were called upon to refund the excess realization meaning thereby that leave was refused to the extent the appellants were required to refund the excess realisation made by them. ..... 1976 (hereinafter referred to as the 'act'). .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1998)145CTR(P& H)480; [1998]233ITR635(P& H)
..... levy sugar price equalisation fund act, 1976, clearly imposed an obligation on the assesses to repay the money to the constituents whether the excess price was collected before or after the commencement of the act. ..... assessee, a sugar mill, filed a writ petition before the supreme court questioning the validity of fixation of price in respect of levy sugar on the ground that the government had no power to fix the price of levy sugar and they should be permitted to sell the sugar at the rates existing prior to the introduction of the control order which was in excess of the price fixed by ..... , and therefore, the government was not justified in fixing the price of levy sugar at ..... the high court of delhi was dismissed by the apex court declining to call for the statement of the case on the question whether the excess over the price of levy sugar realised by the assessee and held in the bank pending disposal of the writ petition filed by it against the fixation of levy sugar price (which was eventually dismissed) was income in the hands of the assessee (see [1991] 187 itr 74).15. mr. b.s. ..... has happened is that the assessee was permitted to collect the amount in question only pursuant to the interim order made by the court which was subject to several conditions to make the right absolute and, therefore, the collection made by the assessee at an enhanced rate is an inchoate one as this extra amount did not accrue to the assessee until the finalisation of the dispute pending before one court .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1990KAR3653
..... be recovered in accordance with section 11 of the levy of sugar price equalisation fund act, 1976 (hereinafter referred to as the act) read with section 158 of the karnataka land revenue act, 1964. ..... 1976 and connected cases the petitioners therein questioned the vires of the levy of sugar price equalisation fund act, 1976 (act 31 of 1976 ..... the deputy commissioner, food and civil supplies department, chitradurga district, chitradurga, on 29-7-1981 calling upon the petitioner-company to credit the excess realisation to the levy of sugar price equalisation fund within seven days of ..... case, the parliament has to avoid the risk of invalidity of any of the provisions of the act specifically provided in section 6 for refund of the excess over the controlled price paid by the consumer and under section 6 of the impugned act, where any amount is credited to the fund, a refund shall be made from the fund to the buyer of levy sugar from whom any excess realisation was made by the producer or - dealer, provided that no buyer shall ..... above, it is based on the following sentence in the statement of objects and reasons which accompanied the bill which ultimately was enacted as the levy sugar price equalisation fund act, 1976: 'but where such consumers do not come forward to claim the refund within the time specified in the bill, the monies representing the difference between the controlled prices and the higher prices charged by the producers would, by virtue of the principles of bona vacantia .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC1741; 1984(2)SCALE227; 1984Supp(1)SCC433; 1984(Supp)SCC433; [1985]1SCR207; 1984(16)LC1027(SC)
..... 22681.88 from the levy sugar price equalisation fund under section 6, sub-section (1) of the levy sugar price equalisation fund act, 1976 (hereinafter referred to as the equalisation fund act). ..... present appeal and we would, therefore, reproduce it as follows :(1) where any amount is credited to the fund a refund shall be made from the fund to the buyer of levy sugar from whom any excess realisation was made by the producer or dealer,provided that no buyer shall be entitled to claim as refund under this sub-section if he-(a) being the wholesale dealer, had passed on the incidence of such excess over the controlled or fair price of levy sugar to the retail dealer by whom the price of such sugar was paid ..... sub section (2) of section 3 provided that there shall be credited to the fund amounts representing all excess realisations made by the manufacturers, irrespective of whether such realisations were made before or after the commencement of the equalisation fund act. ..... same ground, namely, that according to the finding recorded by the central government the appellants had not been able to establish fully and clearly that the incidence of higher sugar price was not passed on to the consumers of the end products and since this was a finding of fact base on evaluation of the material and evidence produced by the appellants before the competent authority, the high court would not be justified in interfering with the order of the .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1981Guj102; (1980)2GLR181
..... therefore, even though the levy sugar price equalisation fund act, 1976, holds the field, we are of the opinion that, even if that act was not there, we would have exercised our inherent jurisdiction to undo the wrong which was done to the society by the interim order which we made and under which we stayed the implementation of the controlled price of levy sugar. ..... therefore, parliament passed the levy-sugar price equalisation fund act, 1976, under which the central government has constituted levy-sugar price equalisation fund into which such 'excess realisations' are directed to be ..... ' in anakepalle's case (supra), the supreme court has indeed held that sub-secs (4) and (5) of section 3 operate in case where an interim order made by a court is subsisting at the date of the commencement of the act or is subsequently made section 3 (4) and (5) carve an exception and relieve the producer from the obligation to credit the amount of excess realisations to the fund within the period specified and postpone this obligation to the point of time when the court which has passed the interim order so directs or ..... the doctrine of functus officio does not go to the extent of saying that if by virtue of an interim order a wrong has been done to a person or to the society, it cannot be undone after the dispute between the parties has ended otherwise than on merits ..... the instant case, while making the order which we are shortly making, we are not relying upon sub-sections (4) and (5) of section 3. .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)200CTR(Guj)464; [2006]282ITR480(Guj)
..... during pendency of the civil applications filed by the union of india the levy sugar price equalisation fund act, 1976 (the equalisation fund act) came into existence and under the provisions of the equalisation fund act the central government constituted a fund known as levy sugar price equalisation fund (equalisation fund). ..... after hearing the parties and also considering the provisions of the equalisation fund act, with special reference to provisions of section 3(3) of the equalisation fund act, the following direction was made:respondents are directed to credit to levy sugar price equalisation fund the difference between the controlled price of rs. ..... therefore, on expiry of thirty days from the date of the commencement of the equalisation fund act the assessee became liable to return the excess realization along with interest at the stipulated rate. ..... it provides that in case of any excess realization made before commencement of the said act, within thirty days from such commencement the producer shall credit to the fund the amount representing such excess realizations, together with interest due thereon at the rate of twelve and a half percent, per annum, from the date on which such amount was realized by him. ..... the claim of recovery was for a period commencing from 31st july, 1972 and ending on 12th march, 1973. .....
Tag this Judgment!Court : Allahabad
Reported in : (2005)194CTR(All)170; [2005]274ITR340(All)
..... to the ito that since then the government of india had passed the levy sugar price equalisation fund act, 1976 (hereinafter referred to as 'the levy act') which came into effect on 1st april, 1976. ..... the fact that the levy act provided that all such excess realization made before or after the commencement of the levy act was to be credited to the levy sugar price equalisation fund. ..... ito that in view of the aforesaid provisions the amount was to be transferred to the levy sugar price equalisation fund with interest @ 12.5 per cent per annum from the date of realization to the date of transfer and, therefore, the amount of rs. ..... levy act, the government had created levy sugar, price equalisation fund ..... (supra) has held that the transfer of amount to the levy sugar price equalisation fund to the government at a subsequent date, does not have any bearing on the taxability of the amount which was a trading receipt on ..... provision of the levy act imposed an obligation upon the assessee to repay the money to the constituent where the excess price was collected before or after the commencement of the act and, therefore, the assessee did not collect the excess sale price as part of ..... under section 3 of the levy act, the assessee was required to transfer the excess sugar price to the fund along with interest (c) 12.5 per cent per annum from the date of realization of the amount to ..... quantification or ascertainment cannot postpone its accrual to the extent of admitted liability, as held in the case .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2000SC2866; 2000(71)ECC240; [2000]245ITR421(SC); JT2000(9)SC1; 2000(5)SCALE490; (2000)6SCC665; [2000]Supp2SCR302
..... alia that the amounts representing all excess realisation made by producers irrespective of whether such excess realisations were made before or after the commencement of this act shall be credited to a fund known as levy sugar price equalisation fund established under section 3 of the act. ..... force, with effect from 1-4-1976, the levy sugar price equalisation fund act, 1976. ..... counsel for the assessee-appellant relied on three decisions by different high courts and submitted that in identical facts and circumstances the price of sugar realised in excess of the levy price was held not to be a trading receipt of the assessee and hence not liable to tax. ..... learned senior counsel for the revenue has on the other hand submitted that the excess amount was realised by the appellant company as price of the sugar sold by it during the course of its trading activities and therefore it has been rightly held by the high court to be a trading receipt of the appellant company.8. ..... this court found that the entire amount was in dispute in the appeal filed by the state government; that the dispute was 'real and substantial'; and that the amount deposited by the state government was permitted to be withdrawn by the assessee subject to security bond for refunding the amount in the event of the ..... this court held that there was no absolute right to receive the enhanced amount at that stage and if the appeal was allowed and in its entirety the right to payment of enhanced amount would have fallen altogether. .....
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