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2012 Supreme(Mad) 4125

CHITRA VENKATARAMAN, K.RAVICHANDRA BAABU
Tata Sky Limited having Registered Office at Pandurang Budhkar Marg, Worli, Mumbai through its authorised representative Sandeep Manubarwala – Appellant
Versus
State of Tamil Nadu through Secretary, Ministry of Finance, Department of Revenue, Fort St. George, Chennai, Tamil Nadu & – Respondent


Advocates Appeared:
Arvind P. Datar, Standing Counsel C. Prasanna Venkatesh, C. Natarajan, Standing Counsel N. Inbarajan and A.V.K. Ezhilmani, Joseph George and N. Venkataraman, Standing Counsel for Mohammed Shaffiq, for Petitioners
S. Navaneetha Krishnan, A.G., C.S. Vaidyanathan, Standing Counsel assisted by R. Sivaraman, Spl. Government Pleader, A.R. Jayapratap, Government Advocate, Manoharan Sundaram, Government Advocate, Aaditya Reddy, Government Advocate and N. Senthil Kumar, SCGSC, for Respondents

COMMON ORDER

Ms. CHITRA VENKATARAMAN, J.

1. The batch of Writ Petitions filed before this Court challenge the the provision contained under Section 4-I of the Tamil Nadu Entertainments Tax Act, 1939, (hereinafter referred to as ‘the Act’), as inserted under Amendment Act 25 of 2011, with effect from 27.9.2011, levying entertainment tax at 30% of the gross charges, excluding service tax on Direct to Home Services, popularly called as DTH, received by the provider of DTH. The contentions taken by the various petitioners in a nutshell are as follows:

2. Writ petitioners in W.P. Nos. 25721 of 2011 – Tata Sky Limited, W.P. Nos. 27070 to 27072 of 2011 – Dish TV India Limited and W.P. No 25873 of 2011 – Bharat Business Channel Limited, challenge the levy of entertainment tax under Section 4-I of the Tamil Nadu Entertainments Tax Act, 1939, on the ground that the service provided by the petitioners therein are in the nature of service only and hence, amenable to levy of service tax alone, as falling under Entry 92C List I of VII Schedule to the Constitution of India. Entry 62 List II of Seventh Schedule to the Constitution of India is confined to taxing public entertainment; hence, the said E







































































































































































































































































































































































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