Advertisement - SEBI Ready Reckoner - SEBI

As per regulation 2(b) of the Securities and Exchange Board of India (Issue and Listing of Municipal Debt Securities) Regulations, 2015 . Advertisement includes- all forms of communication including notices, brochures, pamphlets, show cards, catalogues, hoardings, placards, posters, insertions in newspaper, cover pages of offer documents, pictures, films, etc., in any print media or electronic media or social media, radio, television programme; Tax on advertisement - (a) BLACK'S LAW DICTIONARY, 8TH EDITION Advertising: 1. The action of drawing the public's attention to something to promote its sale. 2. The business of producing and circulating advertisements (b) LAW AND COMMERCIAL DICTIONARY Advertisement: Notice given in a manner designed to attract public attention. Edwards v. Lubbock Country, Tex Civ. App., 33 S.W.2d 482. Information communicated to the public, or to an individual concerned, as by handbills, newspaper, television, bill-boards, radio. First Nat. Corporation v. Perrine, 99 Mont 454: 43 P.2d 1073 (c) THE NEW ENCYCLOPAEDIA BRITTANICA VOLUME-I Advertising, the techniques used to bring products, services, opinions, or causes to public notice for the purpose of persuading the public to respond in a certain way toward what is advertised. Most advertising involves promoting a good that is for sale, but similar methods are used to encourage people to drive safely, to support various charities, or to vote for political candidates, among many other examples. (d) COLLINS DICTIONARY OF THE ENGLISH LANGUAGE Advertisement any public notice, as a printed display in a newspaper, short film on television, announcement on radio, etc., designed to sell goods, publicize an event, etc. Advertising- 1) the action or practice of drawing public attention to goods, services, events etc., as by the distribution of printed notices, broadcasting, etc. 2 the business that specializes in creating such publicity, 3) advertisements collectively; publicity. (e) THE CHAMBERS DICTIONARY Advertisement - the act of advertising; a public notice with the purpose of informing and/or changing public attitudes and behavior; a short performance recorded for radio, T.V. etc. to advertise goods or services; news. Display boards or sign boards or name boards as displayed would partake the character of advertisement - 16. This Court in the case of ICICI Bank and Another Vs. Municipal Corporation of Greater Bombay (2005) 6 SCC 404 has held that advertisement should have some commercial exposition or the soliciting customers to the product or service prominently shown in the advertisement. Primarily, it should have a commercial purpose and should be indicative of business activity of the displayer with a view to attract the attention of people to its business it has been further held: 15. An advertisement is a matter that draws attention of the public or segment of public to a product, service, person, organisation or line of conduct in a manner calculated to promote or oppose directly or indirectly that product, service, person, organisation or line of conduct intended to promote sale or use of product or range of products. An advertisement is an information that the producer provides about its products or services. An advertisement tries to get consumers to buy a product or a service. An advertisement is generally of goods and services and is an information intended for the potential customers and not a mere display of the name of the company unless the same happens to be a trade mark or trade name. 17. The aforesaid finding was recorded in the background of Section 328A of Bombay Municipal Corporation Act. It has been further held therein to the following effect: 18. The context in which the word advertisement has been used in Section 328-A of the Corporation Act and in the commercial and ordinary parlance it must have direct or indirect connection with the business, trade or commerce carried out by the advertiser. It must have some commercial exposition. The advertisement would be for the purpose of directing or soliciting customers to the product or service prominently shown in the advertisement. If ordinary parlance meaning is not given to the word advertisement in Section 328-A it will create anomalous position, inasmuch as a simple name board put on the house to indicate who is residing in the premises, would also be an advertisement; a name board or signboard of a trader visible to the public or identifying the place of business would also be an advertisement. In our considered opinion advertisement within the meaning of Section 328-A of the Corporation Act must primarily have a commercial purpose and should be indicative of business activity of the displayer with a view to attract the attention of people to its business. M/S HARSH AUTOMOBILES PRIVATE LIMITED-( 2023 (10) TMI 800 - SUPREME COURT )