High Court Karnataka High Court

Shri G Lakshmipathi vs The State Of Karnataka on 13 July, 2009

Karnataka High Court
Shri G Lakshmipathi vs The State Of Karnataka on 13 July, 2009
Author: Mohan Shantanagoudar
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IN THE HIGH COURT OF KARICATAKA

CIRCUIT BENCH AT DHARWAD

DATED mm mm mm DAY or auLY,~éoo<.é:'V:     

I

ma: HOWBLE muUs*rIcE Marian  ._

wig? Pmrnox    
Between:  ' " 5

Shri G. Lakshmipathi, s/5;" :,at§.%g§';réa1§3;;;;p§::21appa,
Age:52ycars, ()c<::Bu$ines§.-),_ '  V 1   _ 
Vishnu mcmm Paaacc. %  

Netaji.    " 
;»;aga;i1;~omman;:t;a115g5s3'*:a,12. M ...m'r11*:onm
[By  .v;r:o;u ' m' '%%%~a5x:.;_ 2a.gie:)



* '~ .,  ._':  'i'*'§'h;s: :State: of 'iiaraataka,

_ ' Rcfittsented by its Secretary,
 ' "Depa1'f_h~.-cnt of information and Broadcasting,
.  Vixi1ia3uawSe»'£zdha,

'V "T3fI&'C{$l'Ii}I1iSSi0I1€I' of Commercial Taxes,

AA _ K.t1Rcad, Gaudhiaagar,
' 'w.,Banga1ore--560 O09,

'   9' "The Commissioner of Infoxmation,

Film Division,

1" F1901', Badami Building,
NR Chowk,

Banga1orc-560 002.



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4. The Asst. Commissioner ofE11tert:aiIm1ent  «  .. 5 » '

Hagaribommanahalli.   M " .__

(By Bmt.K.Vidyavwthi. HCGP)   

This petition is filed under Aftjelee :2}26Tja:;d. 22'?

Constitution of India prayingV.e'to_ quasl_1"the impfegned :;o1tie1_"" L.
dt.30.1.2008 passed. by R2 vide_vLPxt,J11exiL"e~C.VVi1r.:se:fer' as the"

petitioner herein is concerned  eonse'q11en,fly quash the
impugned notice dt.12.02..2008;is-sued by R4 vi::1e,.Ar;§nexuIe-- I)
and etc., ' _  '  --. . 

This petition comm'  ex: "f¢;a"-E' day, the Court

1. The  is called in question
in this    s3'.._exV1Vev'is issued in respect of
deficit of «due to the State for the period

02. 11,2097 :5 24; 1 %1.2%oo?i..

   'The. respondent granted 100% exemption in

reegaeei of feature film in question 1.e., ‘Krishna’

effect’ fiom 05.10.2007. The exemption was

upto 20.12.2007. The film was referred to

Level Remake Cemmittee to determine the

u:.”s£:atus whether it is an original kaimada film or

3. remake film. The Committee has given its final

if/*2

‘*3

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report on 04.06.2009. The copy of the

produced along with a memo by 1earIied–:* .

Advocate today before the ‘I’§:1e.. ottief

that the feature film ‘K1’ishn;é_”§.s not-eIititled:tei..exe:o§ptioI1 L’

in relation to entertainment ‘ltioweven before such
determination, the aseetssmerit j. as well as the

demand notices _eeV.above”az’e:iss1§ed. I

3. From €.th€3:_u_” 2009 passed by the
T’ thethetepoxt of the High Level
that Krishna’ film is a

remakeof same being the question of fact,

notttttexfere in the Said report of the High

and consequently the order of

Z _ the §.1tate”Goiiem_m.ent dated 04.06.2009. Therefore, the

t H H :tota}__.exetoption as prayed for by the mtitioner cannot be

However, it has to be nofieed that the exemption

Vt “wee gented to the film by the State Government as per

a Annexure–A on 05.10.2007 and the said exemption was

E…/’>

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4
withdrawn on 20.12.2007. Thus, it is clear that during

the period between 05.10.2007 to 20.12.2007 exemption

has been consciously ganted by the State. ‘the

4th respondent cannot demand the rm

entertainment tax inasmuch as:-‘t’r1e–«fi}r.:; ‘.e>t:11i¥;ited V’

pursuant to 100% exempfion of V’

during the said period. Unde1~.§imnar ci:c0,::;.s£a 0¢es, this”

Court in w.P.No.41137~2009e”td1sp;;$;éd._ of 0:1″ 24.06.2009
I-med that the resmgdetntst demand the

entertatoment 05. 10.2007 and 20. 12.2007.

Since the ui’eepoo:tletu1t:5″tt§.en1seIves had exempted the film

. §’poi.y:i13g eoterteinment tax to the extent of 100% ir;

period, it is not open for the State to

(maria entenainmsnt tax for the said period in

exfeepect the film in question. Accordingly, the following

“«.o:*def”i.o made:

The writ petition is partly aliowed. The petitioner is

» ‘4 liable to pay entertainment tax in accordance with law

except for the period mtween 05.10.2007 and 20.12.2007.

Wp6397.08

Since the demand notice in question is cover¢22§i.’Wiifi”xiz§1

period of excmption, the same if3Mli_ab1c.’ ‘ta ” .

Accordingly. Annexure-D stands ‘A

It is made clear rest in-f. :mf%

petitioner is liable tp pay ‘entelfahnxnegft tax in

accordance with law.