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2015 (9) TMI 922

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...., Standing Counsel ORDER Seeking for a mandamus forbearing the respondents from collecting Cess under the provisions of the Agricultural Produce Cess Act, 1940 on export of marine products such as prawns and shrimps, scampi, squid, octopus, crab, lobster, etc., the petitioner has come up with W.P.No.26785 of 2005. The other writ petition in W.P.No.26786 of 2005 is filed by the very same petition....

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....squid, octopus, crab and lobsters, etc. 4. The grievance of the petitioner is the the above said processed marine products are not covered for payment of Cess and collection of Cess on marine products both under the provisions of the Agricultural Cess Act, 1940 and the provisions of the Marine Product Export Development Authority Act, 1972 and if made would amount to double taxation. More over, t....

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....8.2005 granted an interim order of injunction restraining the respondents from levying Cess under the Agricultural Produce Cess Act, 1940. But, however, the learned counsel for the respondent is not in a position to state whether pending disposal of writ petition any amount has been collected towards Cess payment. 8. In the mean while, touching upon the very such same subject matter,  a Divi....

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....either any adverse order has been passed nor any proceeding is pending against the petitioner and the representation of the petitioner alone is pending for consideration with the 3rd respondent and therefore, he prays that an appropriate direction may be issued for the early disposal of the representation of the petitioner. 11. In view of the above, this court directs the 3rd respondent to consid....