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may 1990

Supreme Court of India · 1990-05-03

STATE OF MADHYA PRADESH AND ORS. vs HOME DECORATORS AND FINANCE (PVT.) LTD. AND ANR.

Citation / case number
SC 1975/60511
Court
Supreme Court of India
Petitioner
STATE OF MADHYA PRADESH AND ORS.
Respondent
HOME DECORATORS AND FINANCE (PVT.) LTD. AND ANR.
Bench
SAWANT, P.B.

Judgment text excerpt

The Supreme Court held that the scheme organized by the respondents was a business proposition aimed at collecting money and evading entertainment duty under the Madhya Pradesh Entertainments Duty and Advertisement Tax Act, 1936. The Court found that the admission fee and membership subscription collected were effectively tickets for a single show, thus liable for entertainment duty. The High Court's reasoning was rejected as it failed to recognize the true nature of the scheme, leading to the quashing of the High Court's decision and upholding the notices issued by the tax authorities.

STATE OF MADHYA PRADESH AND ORS. vs HOME DECORATORS AND FINANCE (PVT.) LTD. AND ANR. · Niyam