JUDGMENT :

B. N. Mahapatra, J.

Petitioner-Odisha Power Generation Corporation Ltd. in the present writ petition challenges the order of assessment dated 03.05.2014 (Annexure-6 series) passed by the Joint Commissioner of Sales Tax, Sambalpur Range, Sambalpur (fort short, “Assessing Authority”) under Section 9C of the Orissa Entry Tax Act, 1999 (for short, ‘OET Act’) for the period 01.04.2011 to 31.03.2013 levying additional entry tax at the rate of 0.5% amounting to Rs.2,40,81,536/-and penalty amounting to Rs.4,81,63,072/-on coal used by the petitioner-Company as raw material for generation of electricity on the ground that such levy is illegal, arbitrary and barred by limitation and outcome of non-application of mind, without jurisdiction and contrary to the provisions of OET Act.

2. Petitioner’s case in a nut-shell is that it is a Government of Odisha Undertaking incorporated under the Companies Act, 1956 and a joint venture of Government of Odisha and AES of USA having main objects to establish, operate and maintain power generating stations and tielines, sub-stations and main transmission line connected therewith. In other words, the petitioner is engaged in business of generatio