TMI Blog2013 (11) TMI 1436X X X X Extracts X X X X X X X X Extracts X X X X ..... he purchase price of country liquor but it is consideration paid by the State Government for party privilege – Decided against Revenue. - Income Tax Appeal No. - 104 of 2001 - - - Dated:- 7-11-2012 - Hon'ble R.K. Agrawal And Hon'ble Ram Surat Ram (Maurya),JJ. For the Petitioner : S. Chopra For the Respondent : Rakesh Kumar ORDER The present appeal has been filed under Section 26 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... purpose of computing the assessee's profits from the business of liquor, Nirgam Mulya should not be taken as a part of purchase price? (3) Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was correct in taking the view that the decision of the Hon'ble Supreme Court in the case of A. Sanyasi Rao (219 ITR 330) was applicable to this case on the issue wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... correct in holding that 'Nirgam Mulya' did not form part of purchase price for the purpose of Section 44AC of the Income Tax Act,1961?' Briefly stated the facts giving rise to the present appeal are as follows. The appeal related to the Assessment Year 1990-91. The respondent-assessee is a U.P. Excise contractor (country liquor) for the assessment year in question. He had filed return of incom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essee. We find that this Court in Income Tax Reference No.91 of 1997, The Commissioner of Income-tax, Lucknow vs. M/s. Ram Sanehighat, Barabanki decided on 26.4.2005 has held that Nirgam Mulya was not form part of the purchase price of country liquor but it is consideration paid by the State Government for party privilege. In view of aforesaid discussion, we do not find any legal infirmity in th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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