- (1.) The question involved in this case is whether on levy sugar which is sold by the appellant market fee is payable or not. This matter stands concluded in favour of the appellant by a Constitution Bench judgment of this Court in Belsund Sugar Co. Ltd. v. State of Bihar, 1999 (4) Scale 516. The appeal is, accordingly, allowed. No costs.
(2.) This order, as it had been done in Belsund Sugar Co. Ltd. (supra), will be effective prospectively and no refund of fee would be payable by the respondents to the appellant nor any further fee will be payable to the respondents by the appellant.
(3.) Delay condoned.;