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FACTOR SUGAR MILLS LTD versus SECRETARY FOOD


RR 4 (1) and 5 (1) Constitution of Pakistan (1973), Article 185 (3) Cause Notice issued to the applicant in the petition petition of the amount of cess has indicated the allegation that the applicant was allowed to be counted. Did not work properly. The amount of cess paid by the applicant was less than that under which the Commissioner Commissioner filed a fine against the applicants under a separate order fixed by the applicant, saying that the Secretary. Before the dismissal of Food, the applicant filed a constitutional petition, which was also dismissed, he filed for leave to appeal. The applicant's position was that he was discriminated against because in the case of other sugar mills a penalty was imposed at 33 and the adjustment of the cess which was paid to the NWFP government was also allowed. However, while the applicant was not granted such exemption, the Assistant Advocate General had stated that the decision of the er and High Court petition was made in the light of the decision in the case of the Cane Sugar Mills after the Ken Commission order was passed. For the purpose of considering this aspect of the case should be sent back to the Commissioner, the applicant's lawyer accepted such arrangements and Agreed asthma remand. The order passed by the Cain Commissioner and the decision of the High Court was set aside and the case was remanded to Cain, the Commissioner so that the question of the amount of cess, penalty as well as adjustment of cess to the appellants. Was changed and dealt with accordingly.

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