LAWS(GJH)-2009-6-62

MULTIPLEX ASSOCIATION OF GUJARAT Vs. STATE OF GUJARAT

Decided On June 26, 2009
Multiplex Association of Gujarat through President Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Since all these petitions and/or applications center round some of the common issues and since they were heard together, the same are being disposed off by this common judgment and order.

(2.) Special Civil Application No. 5391 of 2004 is filed by Multiplex Association of Gujarat for and on behalf of its 11 members challenging the Circulars dated 23.11.2000 and 05.12.2000 and seeking directions to the respondent authorities to consider only entertainment tax payable notionally as capital value for the purpose of setting off the eligible capital investment of its members.

(3.) Special Civil Application No. 3371 of 2004 is filed by M/s. Essem Entertainment Private Limited for treating its amount of eligible capital investment at Rs. 1400 Lacs in place of Rs. 735 Lacs as indicated in TRC with a prayer for interim relief to provisionally calculate notional tax at 45% of the amount paid by the spectators as admission charges.