Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 2001 - s.3(13)(c) (f-l) Bombay Entertainment Duty Act 192 3 - Bombay Entertainment Duty (Amendment) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Bombay Entertainment Duty Act, 192 3 - BombayEntertainment Duty (Amendment) Act, 2001 - s.3(13)(c),(f-l) -Subsidy scheme introduced by the State to encourage development ยท of Multiplex Theatre complexes - Nature of - Assessment officerand the commissioner held that scheme took the form of a chargeon the gross value of ticket and contributed towards the day to dayrunning expense, therefore it was in the nature of a revenue receipt- However; Tribunal and the High Court held that subsidy was forthe purpose of helping the growth of an industry, hence it was in the nature of capital receipt - Held: If the object of the assistanceunder the Subsic~v Scheme is to enable the asses.see to set up a newunit or to expand the existing unit then the receipt of the subsidy ison capital account - It is the object for which the subsidy/assistanceis given which determines the nature of the incentive subsidy - The form of the mechanism through which the subsidy is given isirrelevant - In instant case, the object of the grant of the subsidywas in order that persons come forward to construct MultiplexTheatre Complexes, the idea being that exemption from entertainmentdu~v for a period of three years and partial remission for a periodof two years should go towards helping the industry to set up such highly capital intensive entertainment centres - Appeals filed byDepartment accordingly dismissed. |
Judge | Hon'ble Mr. Justice R.F. Nariman |
Neutral Citation | 2017 INSC 1198 |
Petitioner | Commissioner Of Income Tax-i, Kolhapur |
Respondent | Mis. Chaphalkar Brothers Pune |
SCR | [2017] 12 S.C.R. 1083 |
Judgement Date | 2017-12-07 |
Case Number | 6513- 6514 |
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