VidhiSangh

Supreme Court of India · 02/02/2023

THE STATE OF GUJARAT & ORS. versus MULTIPLEX ASSN. OF GUJARAT THROUGH ITS PRESIDENT

[2023] 3 S.C.R. 112 · 2023 INSC 717

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Summary

Under Gujarat's 1995 tourism incentive scheme, multiplexes enjoyed an entertainment tax holiday capped at 100 per cent of eligible capital investment, but the scheme and the 1997 notification said nothing about how exhaustion of the cap was to be computed. The State contended that, since no tax was collected, the 50 per cent tax must be notionally added to each ticket before set-off; the Gujarat High Court held that only the tax element at the applicable rate within the actual collection could be set off. The Supreme Court dismissed the State's appeal: its assumption was illogical since nothing collected was tax, the omission was a gap rather than an ambiguity attracting strict construction, and the High Court's method was reasonable and workable.

Issues

  1. How the ceiling of 100 per cent of eligible capital investment on the entertainment tax exemption granted to multiplexes under Gujarat's New Package Scheme of Incentives for Tourism Projects, 1995-2000 is to be computed where the scheme prescribes no method.

Provisions considered

Held

Result

Appeal dismissed without costs; Gujarat High Court judgment dated 26.06.2009 in Special Civil Application No. 5391 of 2004 on the method of computing the entertainment tax exemption limit affirmed.

Judgment PDF: Supreme Court of India, [2023] 3 S.C.R. 112.