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TMI Blog2018 (7) TMI 135X X X X Extracts X X X X X X X X Extracts X X X X ..... ctions were allowed in all the earlier years. The income so generated by the Corporation also goes to the exchequer of the State, which definitely is used for welfare purposes. Yet again we are of the view that there is a debatable issue, which has to be considered, especially on the new provision introduced in the Income Tax Act. We hence direct the Commissioner (Appeals) to consider the appeal itself and in the meanwhile keep recovery in abeyance. We make it clear that the observations by this Court or the learned Single Judge need not regulate the consideration by the Appellate Authority. The observations, if at all made are only in the nature of prima facie ones to invoke the extra-ordinary jurisdiction under Article 226 of the Constitu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment. 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 paid-up equity share capital is held by the State Government; (iii) a company in which more than fifty per cent of the paid-up equity share capital is held by the entity referred to in clause (i) or clause (ii) (whether singly or taken together); (iv) a company or corporation in which the State Government has the right to appoint the majority of the directors or to control the management or policy decisions, directly or indirectly, including by virtue of its shareholding or management rights or shareh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s an exclusive levy on the Corporation only by reason of the monopoly and in any event such fee is also levied on distilleries, who supplies spirit to the hospitals within the State. In such circumstances, there cannot be said to be an exclusive levy nor an appropriation directly or indirectly by the State Government. 4. The learned Standing Counsel for the Revenue submits that the Assessing Officer had considered the issue elaborately and so has the Commissioner considered it in the impugned order. It is submitted that the learned Single Judge having declined discretion, it may not be appropriate for this Court in appeal to further interfere with the conditional order. 5. Considering the fact that this is an appeal from a judgment declin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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