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of <h1>Court clarifies event requirements under Delhi tax law, dismisses petition without costs.</h1> <h3>Fashion Design Council of India Versus Govt. of NCT of Delhi</h3> Fashion Design Council of India Versus Govt. of NCT of Delhi - [2014] 67 VST 545 (Del) Issues Involved:1. Interim Order Compliance2. Requirement of No Objection Certificate (NOC)3. Definitions and Interpretations under the Act4. Charging Provisions and Tax Levies5. Information and Security Before Holding Entertainment6. Exemption Provisions7. Assessment and Adjudication of Tax8. Single Window Clearance PolicyDetailed Analysis:1. Interim Order ComplianceThe interim order dated 23rd July 2013 mandated the petitioner to deposit a Fixed Deposit Receipt of Rs. 2.25 lacs as per Rule 30 of the Delhi Entertainment and Betting Tax Rules, 1997. The petitioner was also required to furnish security for the entertainment tax payable on sponsorship money within seven days of receipt. Compliance with these conditions would lead to the release of the security furnished. The petitioner complied with these conditions, and the event took place as planned, rendering the writ petition infructuous concerning prayer clause (a).2. Requirement of No Objection Certificate (NOC)The petitioner contested the requirement of obtaining an NOC under the Delhi Entertainments and Betting Tax Act, 1996, and the Rules. The court examined the definitions of 'entertainment,' 'payment for admission,' and 'proprietor' under Sections 2(i), 2(m), and 2(o) respectively. The court found no express requirement in the Act or the Rules mandating the procurement of an NOC for holding an event. Instead, the Act requires prior information to be furnished to the Commissioner in Forms 5 or 6, along with the necessary security deposit.3. Definitions and Interpretations under the ActThe court discussed the definitions of 'entertainment,' 'payment for admission,' and 'proprietor' as provided in the Act. These definitions are crucial for understanding the scope of the Act and determining the applicability of various provisions, including tax liabilities and procedural requirements.4. Charging Provisions and Tax LeviesSection 6 of the Act is a charging provision that levies entertainment tax on all payments for admission to any entertainment. The tax rate can be up to 100% of the payment for admission. The tax is to be collected by the proprietor and paid to the government. The section also provides for different rates of tax for different classes of entertainment and mandates tax payment even for free or concessional admissions.5. Information and Security Before Holding EntertainmentSection 8 requires prior information to be given to the Commissioner before holding any entertainment on which tax is leviable. Form 5 is used for ticketed events, and Form 6 for non-ticketed events. The Commissioner can prohibit the event if the proprietor fails to deposit the required security or provides false information. Rules 30 and 31 detail the manner and amount of security to be deposited, which can be up to the total tax chargeable for full house capacity.6. Exemption ProvisionsSection 14 allows the government to exempt certain entertainment programs from tax for promoting arts, culture, or sports. The exemption can be granted on a case-by-case basis or for a class of entertainments. Rules 35 and 36 outline the procedure for applying for and granting exemptions, including the requirement to furnish security and submit detailed accounts post-event.7. Assessment and Adjudication of TaxSection 15 provides for the assessment of tax by the assessing authority. The authority can assess the tax due if the proprietor fails to provide required information, submit true and full returns, or evades tax. The assessment is subject to appeal, and penalties up to twice the tax due can be imposed. The court clarified that Section 15 is the sole provision for tax assessment, and the Commissioner's role under Section 13 is limited to determining the security deposit, not final tax assessment.8. Single Window Clearance PolicyThe court addressed the single window clearance policy of the Delhi Police, which facilitates obtaining NOCs from various authorities, including traffic, fire, electricity, and entertainment tax offices. The court clarified that while the Delhi Police can require details of applications made under Forms 5 and 6, the Entertainment Tax Office is not mandated to issue an NOC. Instead, the office can direct the furnishing of security and prohibit events for non-compliance.ConclusionThe court concluded that the Act and Rules do not mandate obtaining an NOC from the Entertainment Tax Office for holding an event. The requirement is to furnish prior information and security as prescribed. The writ petition was disposed of with no order as to costs.
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