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The Court held that the demand for levy/fee/royalty on advertisements made without legislative sanction is violative of Article 265 of the Constitution. The imposition of royalty cannot be equated with tax/levy. The advertising companies had agreed to pay a royalty of Re.1 per square foot in 2005, and the Corporation had the power to revise the rate. However, the Corporation's resolution to charge enhanced royalty u/s 431B of the Act was misplaced as royalty is not tax. Royalty and tax are distinct concepts. The Court balanced equities by directing the advertising companies to pay the enhanced rate of Rs.10 per square foot with 6% simple interest from the date of communication of the resolution. Any excess amount paid over Re.1 per square foot shall be adjusted towards the final liability determined by the Corporation.
The Court held that the demand for levy/fee/royalty on advertisements made without legislative sanction is violative of Article 265 of the Constitution. The imposition of royalty cannot be equated with tax/levy. The advertising companies had agreed to pay a royalty of Re.1 per square foot in 2005, and the Corporation had the power to revise the rate. However, the Corporation's resolution to charge enhanced royalty u/s 431B of the Act was misplaced as royalty is not tax. Royalty and tax are distinct concepts. The Court balanced equities by directing the advertising companies to pay the enhanced rate of Rs.10 per square foot with 6% simple interest from the date of communication of the resolution. Any excess amount paid over Re.1 per square foot shall be adjusted towards the final liability determined by the Corporation.
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