1989 (11) TMI 300 - HC - VAT and Sales Tax

Summary

Issues:
1. Interpretation of Section 5 of the A.P. Entertainments Tax Act regarding the timing of opting for the alternate mode of tax collection.
2. Validity of demanding differential tax amount based on seating capacity reduction.

Detailed Analysis:

1. Interpretation of Section 5:
The case involved a dispute regarding the timing of opting for Section 5 of the A.P. Entertainments Tax Act, which provides an alternate mode of tax collection. The petitioner, a theatre, had initially paid tax under Section 4 but later opted for Section 5 from June 16, 1984. The authorities reopened the assessment, demanding a differential tax amount of Rs. 40,880 for the period June 16, 1984, to March 31, 1985, arguing that the seating capacity reduction should not be considered. The High Court held that the Act allows exhibitors to opt for Section 5 at any time during the financial year, rejecting the authorities' contention that the option must be exercised at the beginning of the financial year. The Court emphasized that once the option is exercised, it remains in force till the end of the financial year, as clarified in a previous Bench decision.

2. Validity of Demanding Differential Tax:
Regarding the demand of Rs. 36,018 for the period January 1, 1984, to March 22, 1984, the Court found that the petitioner was liable to pay tax under the amended Section 4 from January 1, 1984. The authorities claimed that the petitioner continued to pay tax under Section 4-C even after January 1, 1984, leading to the demand for the differential tax amount. Since both the original and appellate authorities affirmed this position, the Court upheld the demand for the differential tax for this period. Consequently, the Court allowed the revision in part, quashing the demand of Rs. 40,880 while upholding the demand for the remaining amount of Rs. 36,018. No costs were awarded, and the advocate's fee was set at Rs. 200.

In conclusion, the judgment clarified the timing flexibility for opting for Section 5 of the Act during a financial year and upheld the differential tax demand for the period January 1, 1984, to March 22, 1984, under the amended Section 4.