LAWS(MAD)-2010-2-719

BALASUBRAMANIAN THEATRE AND ORS. Vs. JOINT COMMISSIONER OF COMMERCIAL TAXES (REVISION PETITION), EZHILAGAM, CHENNAI AND ORS.

Decided On February 23, 2010
Balasubramanian Theatre Appellant
V/S
Joint Commissioner Of Commercial Taxes (Revision Petition), Ezhilagam, Chennai Respondents

JUDGEMENT

(1.) In all these writ petitions, the theatre owners have challenged the order of the Joint Commissioner of Commercial Taxes, Chennai, the first respondent herein, in dismissing the revision petitions filed by them, against the levy of entertainment tax made by the Deputy Commissioner (CT), Salem Division, Salem, the second respondent herein and consequently, sought for a direction to the Entertainment Tax Officer, Omalur, fourth respondent herein, to refrain from levying or collecting entertainment tax from them. Though the respondents have not filed any counter-affidavit, Mr. K. Radhakrishnan, learned counsel appearing for the Revenue, made submissions on the basis of a judgment rendered by this court in a batch of writ petitions in W.P. Nos. 16668 of 1990, etc., dated January 20, 1994 (Devi Theatre v. Deputy Commercial Tax Officer).

(2.) As common questions of law and facts are involved in all these writ petitions, they are taken up together, and disposed of by a common order.

(3.) Facts leading to the writ petitions are as follows :