1986 (4) TMI 36 - HC - Income Tax

Summary

Issues Involved:
1. Classification of cinema theatres for entertainment tax.
2. Retrospective application of Act 16 of 1985.
3. Constitutional validity of retrospective taxation.
4. Impact of gross collection capacity method on theatre proprietors.
5. Reasonableness and arbitrariness of retrospective taxation.

Detailed Analysis:

1. Classification of Cinema Theatres for Entertainment Tax:
The judgment begins by discussing the various classifications of cinema theatres in Andhra Pradesh. Theatres can be categorized based on air-conditioning, permanence, population of the town, and local authority jurisdiction. These classifications are used by the State to optimize entertainment tax collection. The classifications adopted by the State in 1984 and 1985 were challenged in the present cases.

2. Retrospective Application of Act 16 of 1985:
The State Government initially revised the entry fee in theatres and introduced Ordinance No. 31 of 1983, replacing the existing tax structure with a gross collection capacity method. A change in government led to the repeal of this system by Ordinance 26 of 1984, which reintroduced the tax on tickets sold. However, the subsequent government repealed Ordinance 26 of 1984 and reintroduced the gross collection system through Act 16 of 1985, with retrospective effect to cover the seven weeks when Ordinance 26 was in force. The petitioners challenged the retrospective application of Act 16 of 1985 as violative of their constitutional rights.

3. Constitutional Validity of Retrospective Taxation:
The petitioners argued that the retrospective enforcement of Act 16 of 1985 for seven weeks violated their rights under Chapter III of the Constitution. They contended that the retrospective operation was void. The State defended the retrospective application, asserting that the Legislature has the power to impose taxes retrospectively. The court examined the constitutional principles and precedents related to retrospective taxation, including the necessity for reasonable expectations and the potential for retroactive legislation to be "suspected."

4. Impact of Gross Collection Capacity Method on Theatre Proprietors:
The petitioners, who are cinema theatre operators, argued that the gross collection capacity method imposed onerous burdens, making it difficult to run their businesses profitably. They provided a table showing the adverse financial impact of the new tax method compared to the previous system based on ticket sales. The court noted that it is not the Legislature's responsibility to ensure that theatre proprietors make a profit, and thus, the financial difficulties alone do not invalidate the taxing statute.

5. Reasonableness and Arbitrariness of Retrospective Taxation:
The court scrutinized the reasonableness of the retrospective application of Act 16 of 1985. It referenced several precedents, including the principles established in cases like Union of India v. Madan Gopal and Cawasji & Co. v. State of Mysore, which emphasized the need for proper and cogent reasons for retrospective taxation. The court found that the State had not provided a satisfactory explanation for the retrospective application of the Act for the seven-week period. The retroactivity was deemed penal, arbitrary, and unreasonable, failing the constitutional test of reasonableness.

Conclusion:
The court concluded that the retrospective application of Act 16 of 1985 for the period between September 7, 1984, and October 24, 1984, was arbitrary, unreasonable, and ultra vires the Constitution. The writ petitions were allowed, and the retrospective enforcement of the Act was invalidated. The State's request for oral leave to appeal to the Supreme Court was refused, as the court found no substantial question of law requiring further adjudication.