TaxTMI 
TaxTMI 
2018 (4) TMI 1070
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....titioner under the Act for the assessment year 2015-16 was revised under Section 143(3) of the Act by the assessing officer in terms of Ext.P3 order. Ext.P4 is the appeal preferred by the petitioner before the second respondent challenging Ext.P3 order and Ext.P5 is the stay petition preferred by the petitioner in Ext.P4 appeal. Ext.P5 stay petition has now been disposed of by the second respondent in terms of Ext.P9 order granting the petitioner the stay sought by them, on condition that they shall pay 20% of the outstanding demand in four equal monthly instalments. Petitioner is aggrieved by the condition imposed on them in terms of Ext.P9 order. 2. Heard the learned counsel for the petitioner as also the learned Standing Counsel for the....
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.... the monopoly in the wholesale business of Indian Made Foreign Liquor and beer in the State and they are carrying on the said business on the strength of FL-9 license issued by the competent authority under the Foreign Liquor Rules. The deduction of Rs. 5,75,000/- made by the petitioner which was disallowed in terms of Ext.P3 order is the licence fee levied exclusively on the petitioner by the State Government for the FL-9 licence issued to them in respect of 23 warehouses of the petitioner. Rule 15A of the Foreign Liquor Rules provides that Gallonage fee at such a rate as the Government may prescribe from time to time shall be paid by the FL-9 licensee on the quantity of Indian made Foreign Liquor sold by such licensee. Ext.P2(c) reply als....
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....x (iib) any amount-- (A) paid by way of royalty, licence fee, service fee, privilege fee, service charge or any other fee or charge, by whatever name called, which is levied exclusively on; or (B) which is appropriated, directly or indirectly, from, a State Government undertaking by the State Government. Explanation.--For the purposes of this sub-clause, a State Government undertaking includes-- (i) a corporation established by or under any Act of the State Government; (ii) a company in which more than fifty per cent of the paidup equity share capital is held by the State Government; (iii) a company in which more than fifty per cent of the paidup equity share capital is held by the entity referred to in clause (i) or claus....