H. L. DATTU, C.J. –

The assessee is engaged in the manufacture and sale of ice-creams and is the trade mark holder of "SKEI".

During the course of its business, the assessee - company has entered into agreements with certain other units and appointed them as franchisees to manufacture and effect sale of ice-creams with the brand name "SKEI" for fixed amounts of royalty, at the rate of two per cent on the sales turnover of such units.

In the annual returns filed, the assessee had claimed exemption for royalty amounts included in the total turnover. The assessing authority at the first instance had granted exemption in respect of the royalty income from assessment to tax.

The Deputy Commissioner in exercise of his suo motu powers had taken exception to the orders passed by the assessing authority and accordingly has set aside the assessment order on the ground that the grant of exemption was not proper and accordingly had remanded the matter to the assessing authority for fresh disposal in accordance with law.

Pursuant to such remand, the assessing authority included the royalty received by the assessee from its franchisees.

The assessee being aggrieved by the orders passed by t