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2020 (11) TMI 771 - AT - Income TaxDisallowance u/s 40(a)(iib) - License fees paid to the Govt, of Odisha - HELD THAT:- In the present year under consideration, the assessee has shown license fee payment of ₹ 151,90,00,000/- in its profits and loss account paid to the State Government of Odisha and view of the amended provisions of section 40(a)(iib) of the Act, the license fees paid to State Government is taxable in the hands of the assessee. Admittedly, the assessee is the only wholesale liquor distributor in the State as authorized by Government of Odisha by charging impugned license fee. Therefore, there is no person in similar line of business with whom license fees charged by Govt. of Odisha and paid by the assessee cannot be compared for determination of reasonable license fee. On careful perusal of the order of the Tribunal and first appellate orders for assessment years 2014- 15 and 2015-16, we have no hesitation to hold that above contentions have not been raised by the assessee neither during assessment proceedings and first appellate proceedings for both the assessment years and nor before the Tribunal during arguments of assessment year 2014-15. In view of above, the assessee cannot be allowed to make a new case and to argue the contentions which were not pressed into service before the authorities below and before the Tribunal during the hearing of the case of A.Y. 2014- 15 at this belated stage. Therefore, these contentions of the assessee are dismissed.
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