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2019 Supreme(Mad) 2191

K.RAVICHANDRABAABU
Balaji Theatre, by its partner Perumal – Appellant
Versus
Chief Secretary, Secretariat Officer, Puducherry – Respondent


Advocates Appeared:
For the Petitioner:G. Masilamani, P. Dinesh Kumar, Advocates.
For the Respondent: A. Gandhi Raj, Government Pleader (P) assisted by J. Kumaran, Additional Government Pleader (P).

JUDGMENT :

(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records on the file of the 5th respondent proceedings in letter No.15/Commr/OM/2017 dated 15.07.2017 and quash the same and consequently, direct the 5th respondent to refund the entertainment tax paid from 01.07.2017 to till date.)

1. The petitioner is aggrieved against the order of the 5th respondent dated 15.07.2017, wherein and whereby, the petitioner and the other licensees of Cinema theaters were directed to remit the entertainment tax every week to the 5th respondent/Municipality. Consequently, the petitioner seeks for a direction to the 5th respondent to refund the entertainment tax paid from 01.07.2017 to till date.

2. The case of the petitioner, is as follows:

    The petitioner is a Cinema Theater, run by a partnership firm. Till the introduction of Goods and Services Tax, the Government of Puducherry was collecting entertainment tax from the theater owners. In the year 1995, the Government, by its G.O.Ms.157 dated 20.10.1995, exempted 10% for maintenance and permitted to pay the entertainment tax for the remaining 90%. After i

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