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TMI Blog1952 (2) TMI 14X X X X Extracts X X X X X X X X Extracts X X X X ..... , of the Entertainment and Betting Tax Act (Act No. VIII of 1937) as amended by the U.P. Entertainment and Betting Tax (Amendment) (1) A.I.R. 1951 S.C. 318. Act (No. XXXI of 1948), for having admitted to the Novelty Talkies, a place of entertainment, three persons without payment of the tax leviable under Section 3 of the Act and to pay which they were liable. Section 5 is: "(1) No person liable t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ner, Entertainment and Betting Tax, U.P., paid a surprise visit to this Talkies on the evening of the 21st of February, 1949, prior to the actual commencement of the film advertised for show that evening but during the exhibition of advertisement slides and found three persons without tickets or entertainment tax tickets. During his presence three passes were torn from the relevant pass-book. Mr. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... indicating that possibly it was presumed by the prosecution that they had committed no offence under Section 5, sub-section (2), of the Act which makes it criminal on the part of a person liable to pay tax to enter or obtain admission without payment of the tax. In these circumstances there is no recorded finding, and no such finding is possible to be recorded, that those persons had entered the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arges are made for the main show advertised to be shown. The checking took place in this case during the show of the advertisement slides and therefore it was premature for the purpose of checking whether the persons had been admitted to the entertainment without the payment of the necessary tax. It was open to the persons to leave the cinema hall before the actual show started. In this case the p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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