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2017 Supreme(Del) 4841

S.RAVINDRA BHAT, DEEPA SHARMA
Fashion Design Council of India – Appellant
Versus
Govt. of NCT of Delhi – Respondent


Advocates Appeared:
For the Petitioners:Mr. Arshad Hidaytullah, Sr. Advocate with Mr. Jitendra Singh and Mr. Saurabh S. Sinha, Advocates, Mr. Amit Sibal, Sr. Advocate along with Ms. Isha Jha and Ms. Ishita Srivastava, Advocates, Mr. Kamal Sawhney with Mr. Shikhar Garg, Advocates, Mr. Abhinav Agnihotri, Advocate, Mr. Siddharth Bambha, Advocate along with Mr. Rachit Shrivastava, Advocate, Mr. Atul Sharma with Mr. Abhinav Agnihotri and Ms. Satakshi Som, Advocates,
For the Respondents:Mr. Parag P. Tripathi, Sr. Advocate with Mr. Kunal Bahari, Advocates, Mr. Naushad Ahmed Khan, ASC (Civil)/GNCTD with Ms. Aastha Nigam, Advocate, Mr. Sanjoy Ghose, Addl. Standing Counsel for GNCTD with Mr. Rishabh Jetely, Mr. Satyakam, Addl. Standing Counsel, GNCTD, with Mr. P.K. Goel, Assistant Commissioner, Mr. Anuj Aggarwal, Addl. Standing Counsel/GNCTD with Mr. Deboshree Mukherjee, Advocate, Mr. Gautam Narayan, ASC along with Mr. R.A. Iyer, Advocate, Mr. Peeyoosh Kalra, ASC with Mr. Shiva Sharma and Ms. Sona Babbar, Advocates, Ms. Meera Bhatia, Advocate

JUDGMENT :

S.RAVINDRA BHAT, J.

1. This batch of writ petitions challenge the vires of the second explanation to Section 2(m) of the Delhi Entertainment and Betting Tax Act (“DEBT Act” or “the Act”), introduced with retrospective effect from 01.04.1998 by amendment (Notification No. F.14(9)/LA-2012/CONS 2 LAWW/148 hereafter “impugned notification” or “impugned amendment”) dated 01.10.2012. Section 2(m) defines “payment for admission” and through the impugned provision payments made in lieu of advertisements commensurate to (i) sponsorship (ii) value of goods supplied and (iii) value of services rendered were included. All the petitioners seek directions that the exaction of these amounts as tax is unenforceable and in some cases, seek refund of amounts paid under protest. They also impeach the retrospective operation of the amendment, through the impugned notification. Brief Facts

2. The petitioner in WP 2563/2013, Fashion Design Council of India (hereafter “FDCI”) is a registered society created for the purpose of promoting and developing the Indian fashion industry especially in the areas of manufacturing, design, marketing and distribution. For these underlying purposes, FDCI, a non












































































































































































































































































































































































































































































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