2010 (5) TMI 777 - HC - VAT and Sales Tax

Whether no privity of contract with the subscriber directly and whatever the contract is with the LCO is misconceived in view of the clear provisions of the Act read with the Rules, particularly section 6B(1) of the Act? Held that - Though the rules may be different, but the basic idea with regard to the method of functioning for providing entertainment through cable network would remain the same, and it is the same system of MSO and LCO and it is in that context the observations have been made making MSO like the petitioners also liable, rejecting the very same submissions and contentions raised in the present petitions. Therefore, we do not find any substance in the submissions made both with regard to violation of principles of natural justice or even the submissions made before this court referring to the provisions of the Act and the Rules that they are not liable at all as proprietor . In the result, the present petitions deserve to be rejected and accordingly stand rejected. Rule is discharged. Interim relief granted earlier shall stand vacated.

Issues: Liability under section 9(3) of the Act, Principles of natural justice, Definition of "proprietor" under the Act, Registration requirements for entertainment providers, Liability of MSO as a proprietor, Submission of subscriber details for tax assessment, Conduct of the petitioners, Revision under section 13 of the Act, Indirect meeting between cable operator and consumer, Rejection of submissions.

Liability under section 9(3) of the Act:
The judgment discusses the imposition of a penalty under section 9(3) of the Act, amounting to Rs. 90,72,000 due to repeated defaults by the petitioners. The court considers whether the petitioners' repeated defaults warrant rejection of their application and emphasizes the importance of complying with the court's directions for depositing the principal amount.

Principles of natural justice:
The petitioners argue that the penalty was imposed erroneously and in violation of the principles of natural justice. They request the orders to be quashed, providing an opportunity for fresh assessment before any recovery is made. The court evaluates whether the authorities violated principles of natural justice in their actions.

Definition of "proprietor" under the Act:
The judgment delves into the definition of "proprietor" under section 2(j) of the Act, emphasizing that the term includes individuals connected with the organization of entertainment. The court analyzes the definition in the context of the petitioners' role as MSOs and their liability under the Act.

Registration requirements for entertainment providers:
The judgment highlights the necessity for entertainment providers to obtain a registration certificate under the Rules. It discusses the application process, documentation required, and the obligations imposed on proprietors to provide necessary details for registration.

Liability of MSO as a proprietor:
The court rejects the petitioners' argument that as MSOs, they are not liable as "proprietors" under the Act. It clarifies that the legislation encompasses MSOs within the definition of "proprietor," emphasizing the broad scope of the term in relation to organizing entertainment.

Submission of subscriber details for tax assessment:
The judgment underscores the petitioners' obligation to submit subscriber details for tax assessment purposes. It discusses the petitioners' conduct of withholding information on connections and subscribers, leading to disputes over liabilities and tax payments.

Conduct of the petitioners:
The court scrutinizes the petitioners' conduct, noting their attempts to challenge the number of connections and subscribers while receiving payments from LCOs. It emphasizes the petitioners' responsibility to provide accurate information for tax assessment and highlights their actions to avoid tax payments.

Revision under section 13 of the Act:
An earlier application for revision under section 13 of the Act is mentioned, which was allowed for further consideration. The judgment discusses subsequent proceedings and decisions related to the petitioners' liabilities and tax assessments.

Indirect meeting between cable operator and consumer:
The judgment reflects on the indirect connection between cable operators and consumers facilitated by the electronic age. It acknowledges the technical link between operators and consumers in the context of providing entertainment through cable networks.

Rejection of submissions:
Ultimately, the court dismisses the petitioners' submissions regarding the violation of natural justice principles and their contention of not being liable as "proprietors." It concludes that the petitions are to be rejected, with interim relief vacated, and no costs imposed. The petitioners are granted a stay to appeal to a higher forum within six weeks.

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