VidhiSangh

Supreme Court of India · 03/01/2022

KERALA STATE BEVERAGES MANUFACTURING & MARKETING CORPORATION LTD. versus THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 1(1)

[2022] 1 S.C.R. 105 · 2022 INSC 4

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Summary

The Court held that gallonage fee, licence fee and shop rental for both FL-9 and FL-1 licences were disallowable under Section 40(a)(iib) of the Income-tax Act. Exclusivity was assessed by the State-owned character of the undertakings subjected to the levy, rather than whether only one undertaking held the licence. Sales-tax surcharge and turnover tax remained outside that provision because they were taxes, not the specified fees or charges. The assessee’s appeal was dismissed, the Revenue’s appeals partly allowed, and revised assessments directed within two months of receipt of the judgment.

Issues

  1. Whether licence-related levies lost their exclusive character because another State undertaking also held FL-1 licences.
  2. Whether sales-tax surcharge and turnover tax were disallowable as fees, charges or appropriations under Section 40(a)(iib).

Provisions considered

Held

Result

Assessee’s appeal dismissed; Revenue’s appeals partly allowed concerning FL-1 fees; tax and surcharge disallowances rejected; revised assessments directed within two months of receipt.

Judgment PDF: Supreme Court of India, [2022] 1 S.C.R. 105.