remain in a separate account.
The fertilizer in question is admittedly a commodity
controlled under the Fertilizer (Control) Order, 1957 issued
by the Central Government ... already fixed the price
of chemical fertilizer by the notification dated 1.6.1974
issued under the Fertilizer (Control) Order, 1957 made in
exercise of the power
contemplated the
fixation of maximum sale price of fertilizer under Clause 3 of the
Fertilizer (Control) Order; determination of retention price for each
manufacturer; scheme ... fertilizer. What was payable in law as a
sale price for fertilizer was the amount or the rate fixed under the
Fertilizer (Control) Order
Price" and the maximum retail price fixed for fertilizers (under the Fertilizer (Control) Order). A detailed formula prescribed under the Scheme determines the Retention ... Order merely provides that it is open to the Government to fix the maximum retail price of fertilizers. Therefore, fertilizer manufacturers cannot sell fertilizer
Price" and the maximum retail price
fixed for fertilizers (under the Fertilizer (Control) Order). A detailed formula
prescribed under the Scheme determines the Retention ... Order merely provides that it is open to the Government
to fix the maximum retail price of fertilizers. Therefore, fertilizer
manufacturers cannot sell fertilizer
government notification dated october
10, 1986 wherein 5 types of fertilizers have been specified
which could be purchased or manufactured in the State of
Bihar ... wholesale dealer in the State of Bihar under the Fertilizers
(Control) Order, 1957. Annexure 5 dated July 29, 1986 is the
renewal of the said
determined with reference to the
definition of "fertilizer" given in the Fertilizer (Control)
Order, 1957, the Sales Tax Tribunal altogether
overlooked the settled ... pressing into service the
definition of "fertilizer" given in the Fertilizer (Control)
Order, 1957-a statutory provision, the scope and object of
which
A.K. Bindal & Anr vs Union Of India & Ors on 25 April, 2003
Agricultural had
clarified that micronutrients were recognized a fertilizers
under the Fertilizer Control Order, 1985. The Chief Chemist
had opined that in technology and trade ... Schedule 1 Part(A) of the
Fertilizer Control Order, 1985 and
their mixture (with or without
N.P.K.) as notified by the Central
Government
standard fertilizer was found be
marketed will have the jurisdiction to take cognizance and
try the manufacturer of sub-standard fertilizer, even if the
manufacturing ... Commodities Act, 1955 read with s. 13(1) (a) of
the Fertilizers Control order 1957. On July 20, 1981
respondent moved an application before
liability of the FCI to pay tax on the distribution of
fertilizers have taken the view that the FCI is liable ... with the provisions of U.P. Wheat
Procurement (Levy) Order, 1959 to the Regional Food
Controller. Armed with that decision of this Court, Mr.
Thakur
