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2023 Supreme(Del) 5857

YASHWANT VARMA, DHARMESH SHARMA
Govt. of NCT of Delhi – Appellant
Versus
Indian Trade Promotion Org. – Respondent


Advocates appeared:
Mr. Satyakam, ASC, for the Petitioners.
Mr. P.K. Sahu, Advocate, for the Respondents.

JUDGMENT

Dharmesh Sharma, J.

1. The petitioners invoke the extra ordinary jurisdiction of this Court under Article 226 read with Article 227 of the Constitution of India challenging the impugned order dated 30 November 2007 passed by the Financial Commissioner, Delhi/respondent No.2 [FC] in appeal case bearing No. 33/01-CA, whereby the FC allowed the appeal filed by the respondent under Section 15(4) of the Delhi Entertainment and Betting Tax Act, 1996 [The Act], setting aside the imposition/levy of entertainment tax by the petitioners.

FACTUAL BACKGROUND:

2. Briefly stated, it is the case of the petitioners that respondent No.1 is an authority organizing Trade Fairs in the area commonly known as Pragati Maidan, New Delhi. It is stated that respondent No.1 charges admission fee in the form of ticket to allow people to visit fairs and also levy separate fee for other events such as Fashion Shows, Theatre Shows and Movies conducted within the same complex by individual organizations. The grievance of the petitioners is that respondent No.1 was initially exempted from payment of entertainment tax for several years but a policy decision was taken on 18 November 1996 by the Competent Autho

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