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Service Tax - Highlights / Catch Notes

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The SC upheld the constitutional validity of state entertainment ...


DTH and Cable TV Services: States Can Levy Entertainment Tax Alongside Central Service Tax Without Discrimination

May 28, 2025

Case Laws     Service Tax     SC

The SC upheld the constitutional validity of state entertainment tax laws on Direct-to-Home (DTH) and cable television services. The Court determined that state legislatures have the competence to levy entertainment tax under Entry 62 of List II, while Parliament can simultaneously impose service tax under Entry 97 of List I. The Court rejected arguments of discrimination, finding no violation of Article 14. The judgment specifically set aside the Kerala HC's ruling that declared tax provisions unconstitutional, emphasizing that the legislature's intent to tax operators with over 7,500 connections was valid. Civil appeals from multiple high courts were largely dismissed, with the State of Kerala's appeal allowed, and the tax provisions across various state enactments were upheld.

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