State of Tamilnadu- Act
Tamil Nadu Entertainments Tax Rules, 1939
TAMILNADU
India
India
Tamil Nadu Entertainments Tax Rules, 1939
Rule TAMIL-NADU-ENTERTAINMENTS-TAX-RULES-1939 of 1939
- Published on 5 February 1980
- Commenced on 5 February 1980
- [This is the version of this document from 5 February 1980.]
- [Note: The original publication document is not available and this content could not be verified.]
Part I – Preliminary
1.
These rules may be called the [Tamil Nadu Entertainments Tax Rules, 1939] [Substituted for the expression 'Madras Entertainments Tax Rides, 1939' by G.O. Ms. No. 836, Revenue, dated the 18th March 1970.].2. [ [Substituted by G.O. Ms. No. 3533, Revenue, dated the 23rd September 1958.]
They shall apply to the whole of the [State of Tamil Nadu] including the Kanyakumari district and the Shencottah taluk of the Tirunelveli district.]3.
In these rules, unless there is anything repugnant in the subject or context, -4. [ [Substituted by G.O. P. No. 1406, dated the 21st December 1982.]
In these rules, "admission to an entertainment" and all cognate expressions shall include admission on any payment deemed to have been made under subsection (1-A) of section 4 of the Act and the admission on payment of a person admitted to one part of a place of an entertainment to -]4A. [ [Inserted by G.O. P. No. 749, dated the 12th July 1984.]
Where the security prescribed under these rules is forfeited or adjusted fully or partly towards any arrears due under the Act, the Entertainments Tax Officer shall issue a notice calling upon the proprietor to furnish fresh security or to replenish the part of the security so adjusted, as the case may be. The proprietor shall comply with the notice within the time so specified not being less than fifteen days from the date of receipt of the notice.]Part II – Payment By Means of Stamps
5. to 17.
[Omitted by G. O. Ms. No. 4522, Revenue, dated the 22nd December 1958]18. to 19.
[Omitted by G.O. Ms. No. 868, Revenue, dated the 9th April 1951.]Part III – Payment of The Tax on The Basis of Returns
20.
Any proprietor wishing to enter into an arrangement for the payment of the tax [on the basis of returns] [Substituted by G.O. Ms. No. 4522, Revenue, dated the 22nd Dec. 1958.] shall apply to the Entertainments Tax Officer at least three days before the entertainment in Form III furnishing details as to the place, date, time and nature of the entertainment and also the rates of payment for admission to it [Except in cases where the Entertainments Tax Officer has, by an order in writing, exempted the proprietor from doing so, the application shall be accompanied by the register in Form II proposed for use and the tickets of all classes proposed for issue, the tickets of each class being printed in a different colour and bearing separate serial numbers.] [Substituted by G.O. P. No. 1085, Revenue, dated the 14th June 1987.][Each ticket shall have a foil and counter-foil, the foil bearing the words "To be detached at the entrance and given to the buyer" and the counter-foil bearing the words "To be detached at the entrance and retained by the proprietor". The serial number shall be printed on both foil and the counter-foil. The foil shall be at least double the length of the counter-foil, the foil and the counter-foil shall be of the sizes at least 8 cm. x 4 cm. and 4 cm. x 4 cm., respectively, or any larger proportionate sizes] [ Inserted by G.O. Ms. No. 906, Revenue, dated the 24th March 1964.].[Tickets for admission to entertainments including advance booking tickets shall be printed with the inscription of the name of the theatre in both Tamil and English and other details including rate of admission and taxes either in Tamil or in both Tamil and English] [ Substituted by G.O. P. No.1353, C.T. & R.E., dated the 9th Dec. 1987.]. Tickets already printed otherwise than as above shall be valid till the old stocks of tickets are exhausted. The Entertainments Tax Officer may, for sufficient reasons, condone the delay in the presentation of the application, provided it is presented at least 24 hours prior to the commencement of the entertainment.21. [ [Substituted by G.O. No. 1085, Revenue, dated the 27th January 1941.]
21A. [ [Inserted by G.O. No. 506, Revenue, dated the 10th February 1958.]
Every [permit or certificate of registration]shall be granted personally to the proprietor and it shall not be transferable, except as provided in rule 48-A.][Every such] [Substituted by G.O. Ms. No. 1379, C.T. & R.E., dated the 15th November 1978.] [permit or certificate of registration] [Substituted by G.O. Ms. No. 19, C.T., dated the 15th February 1999.] issued may be suspended or cancelled by the Entertainments Tax Officer for contravention of any of the provisions of the Act or the rules made thereunder or for contravention of any condition in the [permit or certificate of registration]: [Substituted by G.O. Ms. No. 19, C.T., dated the 15th February 1999.]Provided that no such suspension or cancellation shall be made unless the [permit or certificate of registration] [Substituted by G.O. Ms. No. 19, C.T., dated the 15th February 1999.] holder has been given reasonable opportunity to show cause against such suspension or cancellation.21B. [ [Inserted by No. SRO A-71 (a)/94, dated thel8th August 1994 w. e.f. 1st September 1994]
21C.
The Entertainments Tax Officer shall, if he proposes to issue a registration certificate, require the proprietor of television exhibition to furnish a security of rupees [five thousand in municipal corporations and Municipality areas and rupees two thousand five hundred in other areas] [Substituted for the words 'ten thousand' by G.O. No. 134, C.T., dated the 2nd September 2003 w.e.f. 1st June 2003.] for the proper payment of entertainments tax and fix the nature of such security and the time within which such security should be furnished.21D. [ [Rules 21-D and 21-F were inserted by G.O. Ms. No. 19, C.T., dated the 15th February 1999.]
21E.
The Entertainments Tax Officer shall, if he proposes to issue the certificate of registration, require the proprietor providing amusement [or proprietor providing recreation parlour] [Inserted by G.O. Ms. No. 100, C.T., dated the 1st November 2001.] to furnish a security of Rs. 50,000 (Rupees fifty thousand only) for the proper and prompt payment of the entertainments tax. He shall fix the nature of the security in any one of the forms prescribed under rule 21 and the time within which such security should be furnished.22. [ [Substituted by G.O. Ms. No. 1085, Revenue, dated the 14th June 1957.]
[(1)] When a [permit or certificate of registration] [Substituted by G.O. Ms. No. 19, C.T., dated the 15th February 1999.] is granted, the Entertainments Tax Officer, or in his absence from headquarters, one of his clerks authorised by him in this behalf, shall impress with the official seal of such officer, all the pages of the registers in Form II [***] [Words 'and IX' was omitted by G.O. P. No. 594, dated the 9th July 1985.] both the foils, and counterfoils, of all the tickets sent by the proprietor along with his application and return them to the proprietor]. The same procedure shall be adopted in respect of the registers in Form II that may, subsequently, be issued by the proprietor and, for this purpose, the Entertainments Tax Officer may require the proprietor to forward to him such register and the tickets at such intervals as he may fix. [The Entertainments Tax Officer shall affix his official seal on all the pages of the register in Form II and append his dated signature below the seal and only such forms should be used by the proprietors for accounting the tickets sold by them at every show] [Inserted by G.O.Ps.No 2664, Revenue, dated the 9th July 1985.].23.
The tickets shall be numbered and they shall run on consecutively from performance to performance until the series is completed:[Provided that, if in any place of entertainment, the system of advance booking is in force, the tickets for each performance in a day may be serially numbered and each such series of tickets shall run on consecutively from performance to performance for which they are numbered until the series is completed.] [Substituted by G.O. No. 2781, Revenue, dated the 7th September 1955.][Explanation. - For the purpose of this rule, a series of tickets shall contain the number of tickets from 1 to 1,00,000 and each such series of tickets shall be distinguished by one or more letter of the alphabets.] [Inserted by G.O. Ps. No. 219, Revenue, dated the 26th January 1972.]24.
Tickets for payment of the difference in the case of admission from a lower to a higher class shall also be serially numbered in the manner specified in rule 23 and these tickets shall be shown separately in the register of tickets in Form II and in the return of tickets specified in the [permit or certificate of registration] [Inserted by G.O. Ms. No. 19, C.T., dated the 15th February 1999.] in Form IV.25.
The security furnished under rule 21 shall be maintained in full so long as the [permit or certificate of registration] [Substituted by G.O. Ms. No. 19, Commercial Taxes, dated the 15th February 1999.] continues to be in force and shall be liable to forfeiture, if the returns are not furnished on the due date along with the receipt for the tax, or if the returns are found to be inaccurate. The security shall also, in the event of default, be liable to adjustment towards the tax due at any time without previous intimation.26.
26A. [] [Inserted by G.O. Ms. No. 4522, Revenue, dated the 22nd December 1958.]
[(1)] [Existing sub-rule (l)was renumbered as sub-rule (2) inserted by G.O. P. No. 68, with effect from 12th February 1991.] After the close of the year to which the return submitted under [rules 30,32-C and sub-rule (3) of rule 32-J] [Inserted by No. SRO A-44/91, dated the 12th February 1991.] relate, the Entertainments Tax Officer shall, after such scrutiny of the accounts, registers, records and other documents and after such enquiry as he considers necessary, satisfy himself that the returns filed are correct and complete and finally assess under a single order on the basis of the returns, the tax payable under any of the sections 4, [5-A] [Now, sections 5-A, 5-B and 5-D were omitted by Tamil Nadu Act 38 of 2004.] or [5-B] [Now, sections 5-A, 5-B and 5-D were omitted by Tamil Nadu Act 38 of 2004.] of the Act for the year to which the returns relate.26B. [ [Inserted by No. SRO A-44/91, dated the 12th February 1991.]
[(1) After the close of the year to which the returns submitted under sub-rules (1) and (2) of rule 30-A relates, the Entertainments Tax Officer shall, after such scrutiny of the accounts, registers, records and other documents and after such enquiry as he considers necessary,] satisfy himself that the returns submitted are correct and complete, and finally assess under a single order on the basis of the tax payable under section 4-E or section 4-F [or section 4-G] [Inserted by G.O. Ms. No. 100, Commercial Taxes, dated the 1st November 2001.] of the Act for the year to which the returns relate.]27.
[The proprietor shall not issue or cause] [Substituted by G.O. P. No. 874, dated the 4th August 1983.] or [permit or certificate of registration] [Substituted by G.O. Ms. No. 19, C.T., dated the 15th February 1999.] to be issued any ticket authorising any person to be admitted to the entertainment [unless the gross payment for admission inclusive of the amount of the tax] [Substituted by G.O. P. No. 215, dated the 4th February 1990 w.e.f. 1st July 1989.] due thereon are legibly printed, stamped or otherwise marked on the ticket and unless the ticket has been impressed with the official seal of the Entertainments Tax Officer:Provided that, in the case of complimentary tickets, it shall not be necessary to indicate [the gross payment for admission inclusive of the amount of the tax] [Substituted by G.O. P. No. 215, dated the 4th February 1990 w.e.f. 1st July 1989.], but they shall contain separate serial numbers, the class of accommodation and the official seal of the Entertainments Tax Officer as aforesaid.28.
The proprietor shall also forward to the Entertainments Tax Officer a return in Form V showing the number and classes of [season tickets and complimentary season tickets] [Substituted by G.O. P. No. 215, dated the 4th February 1990, with effect from 1st July 1989.] issued, the period for which such tickets are available and the gross sum realised thereby, along with the return for the first of the series of entertainments for admission to which such [season tickets and complimentary season tickets] [Substituted by G.O. P. No. 215, dated the 4th February 1990, with effect from 1st July 1989.] are valid. [Such return shall also be accompanied by the receipt from a Government Treasury or a crossed cheque drawn in favour of the Entertainments Tax Officer for the payment of the tax due. If any [season ticket and complimentary season ticket] [Inserted by G.O. No. 958, Revenue, dated the 26th April 1948.] are issued subsequently during the course of the series of entertainments for which the [season ticket and complimentary season ticket] [Substituted by G.O. P. No. 215, dated the 4th February 1990, with effect from 1st July 1989.] are valid, it shall be shown in the return to be sent for the entertainment which takes place next after the issue of the tickets.]29.
[(1) The proprietor shall not admit or cause or permit to be admitted to [any class of accommodation in the entertainment, any person above the age of five years] [Substituted by G.O. Ps. No. 3255, Revenue, dated the 24th November 1965.] unless such person holds a valid ticket for that class or an exchange ticket for payment of the difference for admission from a lower to a higher class as specified in rule 24, or a [complimentary ticket] [Substituted for the words 'free pass' by G.O. Ps. No. 1406, dated the 21st Dec. 1982.] entitling him to be admitted to that class of accommodation.30. [ [Substituted by G.O. No. 10, Revenue, dated the 3rd January 1972.]
30A. [ [Inserted by G.O. P. No. 265, dated the 18th August 1994 w.e.f. 1st September 1994]
(l)Every proprietor of television exhibition shall submit a return in Form II-B showing the total collections for each month and the amount or amounts actually collected by him by way of tax during the month, separately. The return for each month shall be submitted so as to reach the Entertainments Tax Officer on or before the 10th day of the succeeding month. Along with the return, he shall also submit proof of payment of tax payable under section 4-E for the month to which the return relates.]30B.
30C. [ [Substituted by G.O. Ms. No. 19, Commercial Taxes, dated the 15th February 1999.]
(l)The proprietor providing amusement [or recreation parlour] shall keep true, correct and complete accounts in respect of all fee collected for amusement [or recreation parlour] [Added by G.O. Ms. No. 100, Commercial Taxes, dated the 1st November 2001.]. He shall maintain the tickets with printed serial numbers. He shall get the tickets (both original and duplicate) duly impressed with the official seal of the Entertainments Tax Officer before use. He shall issue the original to the person admitted to the amusement [or recreation parlour] [Added by G.O. Ms. No. 100, Commercial Taxes, dated the 1st November 2001.] and retain the duplicate for verification by the inspecting officers authorised under sub-section (l)(a) of section 11 of the Act.31.
The proprietor shall, at all reasonable times, on demand by the Entertainments Tax Officer (or any officer of the Commercial Taxes Department not below the rank of an Assistant Commercial Tax Officer) produce or cause to be produced before that officer all books and records kept by the proprietor in connection with any entertainment and all tickets and all portions of tickets for the time being in his possession and shall allow that officer to inspect and take an account of the same or remove the same for the purpose of examination or enquiry.32.
The [permit or certificate of registration issued to the proprietor] [Substituted by G.O. Ms. No. 19, Commercial Taxes, dated the 15th February 1999.] shall be hung in a conspicuous place and produced before inspecting officers on demand.[32A to 33. [Consequent to omission of sections 5, 5-A, 5-B, 5-D, 5-E and 6-A of Entertainments Tax Act, 1939, Rules 32-A to 32-P and 33 have not relevance, hence not reproduced.]***]34.
34A. [ [Omitted by G.O. Ms. No. 2117, C.T.&R.E., dated the 19th December 1977.]
[***]Part V – Payment of The Tax in Cases Where Admission is Controlled by Mechanical Contrivance
35. [ [Substituted G.O. P. No. 7468, Revenue, dated the 19th December 1973.]
A proprietor may be permitted by an Entertainments Tax Officer to avail himself of the provisions of clause (b) of sub-section (1) of section 6 of the Act,] on his furnishing such security as may be required. [The amount of security deposit so fixed shall, in the case of a touring cinema, be equal to the tax payable namely, the entertainments tax [***] [Substituted by G.O. P. No. 1242, dated the 9th November 1982.] based on the full capacity of the auditorium for a period of seven days. In the case of a permanent theatre, the amount of security deposit shall be equal to seventy-five per cent of the tax payable as aforesaid.] For the purpose of this rule, the number of shows shall be reckoned as fourteen in the case of all temporary (touring) theatres, sixteen in the case of permanent (including semi-permanent) theatres in panchayat areas and twenty-two in the case of permanent (including semi-permanent) theatres elsewhere:Provided that the Entertainments Tax Officer may, in his discretion, fix the amount of security deposit in the case of a touring cinema at twice the amount of the tax payable, namely, the entertainments tax, [***] [Omitted by G.O. P. No. 215, dated the 4th April 1990 w.e.f. 1st July 1989.] based on the full capacity of the auditorium for a period of seven days. In the case of permanent theatre, the amount of security deposit so fixed shall be equal to one and a half times the tax payable as aforesaid.For the purpose of this rule, the number of shows shall be reckoned as fourteen in the case of all temporary (touring) theatres, sixteen in the case of permanent theatres (including semi-permanent theatres) in panchayat areas and twenty-two in case of permanent (including semi-permanent) theatres elsewhere.The security shall be in the form of deposit in a Government treasury of cash, or Government promissory notes or Post Office Savings Bank deposits or made with State Bank of India, or any subsidiary bank as defined in clause (k) of section 2 of the State Bank of India (Subsidiary Banks) Act, 1959 (Central Act 38 of 1959) or any corresponding new bank as defined in clause (d) of section 2 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (Central Act 5 of 1970) or any non-nationalised Scheduled Bank operating in the State of Tamil Nadu, or the Tamil Nadu State Co-operative Bank and Central Co-operative Bank approved by the Registrar of Co-operative Societies for this purpose, or loan bonds or debentures issued by the quasi-Government organisations or other institutions, repayment of which is guaranteed by the Government, other than prize bonds and National Defence Certificates, duly pledged in the name of the Entertainments Tax Officer. However, in cases where Post Office Savings Bank deposit is offered as security, the Post Office Savings Bank Pass Book should be pledged by the proprietors of the entertainments [in the name of the Assistant Commissioner of Commercial Taxes] [Substituted for the words 'in the name of the Commercial Tax Officer' by G. O. P. No. 594, dated the 9th July 1985.] concerned and handed over to the concerned Entertainments Tax Officer.When the security is furnished, the Entertainments Tax Officer shall grant the proprietor a permit in Form VII.36.
No person shall, unless he is the holder of a pass clearly marked, be admitted to an entertainment in respect of which a permit is granted under rule 35 except through the mechanical contrivance and except on payment of the price of admission inclusive of tax.37.
The security furnished under rule 35 shall be maintained in full so long as the permit continues to be in force and shall be liable to forfeiture if the returns are not furnished on the due dates along with the receipt for the tax or if the returns are found to be inaccurate. The security shall also, in the event of default, be liable to adjustment towards the tax due at any time without previous intimation.38.
The proprietor shall keep a register of persons admitted in Form VIII.39.
39A. [ [Inserted G. O. No. 4522, Revenue, dated the 2nd December 1949.]
If no return is submitted by the proprietor as required in the permit in Form VII within the time specified therein, or if the return submitted by him appears to the Entertainments Tax Officer to be incorrect or incomplete, the Entertainments Tax Officer shall, after making such enquiry as he considers necessary, determine the tax or taxes [due under section 4] of the Act or under both to the best of his judgement:]Provided that, before taking action under this rule the Entertainments Tax Officer shall issue a notice to the proprietor calling upon him to produce at a time and place to be specified in the notice and to prove the correctness and completeness of the return where one has been submitted or to prove that he is not liable to submit any return and also allow him reasonable opportunity of being heard.40.
Every-mechanical contrivance at a place of entertainment shall, at all reasonable times, be open to inspection by the Entertainments Tax Officer or any officer who may be deputed by him or to whom the Entertainments Tax Officer is subordinate.41.
The proprietor shall, at all reasonable times, on demand by the Entertainments Tax Officer [or any officer of the Commercial Taxes Department not below the rank of an Assistant Commercial Tax Officer] [Inserted G. O. No. 4522, Revenue, dated the 2nd December 1949.] produce or cause to be produced before that officer all books and records kept by the proprietor in connection with any entertainments and shall allow the officer to inspect and take an account of the same or to remove the same for the purpose of examination or enquiry.42.
The permit granted under rule 5 shall be hung in a conspicuous place and produced before inspecting officers on demand.Part VI – Payment of Tax on Admission to Entertainments on Payment of Subscription or Contribution to an Institution
43.
43D.
After determining under rules 26-A, 39-A or 43(5), the tax or taxes due in respect of the entertainment, the Entertainments Tax Officer shall examine whether the proprietor has already made any payment towards the tax or taxes due by him. If any further amount is found to be due from the proprietor, the Entertainments Tax Officer shall serve upon the proprietor a notice in Form XVII and the proprietor shall pay the sum demanded within the time and in the manner specified in the notice. If the tax determined is lower than the amount, if any, already paid by the proprietor, the Entertainments Tax Officer shall serve upon the proprietor, a notice in Form XVIII for refunding the excess tax.43E. [ [Substituted by G.O. Ms. No. 19, Commercial Taxes, dated the 15th February 1999.]
43F. [ [Added by G.O. No. 6632, Revenue, dated the 1st December 1973.]
The notice in writing referred to in section 10-C shall be in Form XIX.]Part VII – Exemptions
[44 to 45. [Omitted by G.O. No. 4522, Revenue, dated the 22nd December 1958.][***]45A. [ [Added by G.O. Ms. No. 1242, C.T. & R.E., dated the 10th April 1979 and substituted by G.O. P. No. 205, dated the 11th April 1991.]
Application for exemption from liability to entertainments tax in respect of film shows organised by philanthropic, educational or cultural institutions to raise funds shall be subject to the following conditions, namely: -]45B. [ [Inserted by G.O. Ps. No.1025, Revenue, dated the 23rd April 1959.]
Where the Government have issued an order under sub-section (2) of section 8 of the Act exempting any individual entertainment or entertainments from liability to the entertainments tax, the proprietor shall apply to the Entertainments Tax Officer concerned and obtain a certificate of exemption in Form XI and comply with the conditions specified therein and in the order of the Government aforesaid granting exemption. Such application shall be accompanied by a crossed cheque drawn in favour of the Entertainments Tax Officer, or by treasury receipt for rupees five. The Entertainments Tax Officer may, in his discretion, require the proprietor to furnish such security as he considers necessary: Provided that the officer aforesaid may, in his discretion, accept an application at short notice or after the entertainment has been held or may dispense with an application altogether, if he is satisfied that the entertainment is eligible for exemption from liability to the tax under the general order of the Government.]45C. [ [Inserted by G.O. P. No. 158, dated the 23rd February 1988.]
The Government may, in public interest or to mitigate hardship to the cinematograph industry, remit the whole or any part of the tax payable under the Act, whether prospectively or retrospectively, subject to the condition that in respect of remission of tax, the proprietor had not collected any tax in respect of that period for which remission is sought to be granted.]45D. [ [Inserted by G.O. P. No. 158, dated the 23rd February 1988.]
The proprietor/partner/permit-holder of the place of entertainment shall issue an authorisation in such form to any person who has to perform any duty inside any place of entertainment or in connection with any entertainment permitting such person to be admitted without any payment. The authorisation shall contain the name of the person, his calling, the nature of his duties inside the place of entertainment, and the signature of the proprietors/partner or permit-holder shall be produced on demand by any officer empowered to inspect in the place of entertainment. The proprietor/partner or permit-holder shall also maintain a register showing the names and addresses of all persons to whom authorisations are issued under this rule, from time to time, with the date of issue in each case.]46.
The certificate referred to in rule [***] [Omitted by G.O. No. 4522, Revenue, dated the 22nd December 1958.] 45-B shall be hung in a conspicuous place and produced before inspecting officers on demand.47. [ [Omitted by G.O. Ps. No. 468, dated the 5th May 1981]
[***]Part VIII – Miscellaneous
48.
Every owner or other person in-charge of any theatre, hall or other premises, who lets out the same for the purposes of an entertainment, shall give notice of such entertainment to the Entertainments Tax Officer. [***] [Omitted by G.O. No. 468, dated the 5th May 1981.]. Such notice shall be given at least three days before the entertainment and shall specify the nature of the entertainment, the name and address of the proprietor and the date on which, and the time at which, entertainment is to be held.48A. [ [Substituted by G.O. Ms. No. 19, Commercial Taxes, dated the 15th February 1999.]
Every permit-holder or certificate of registration holder entering into or forming a new partnership in conducting an entertainment or entertainments or for providing amusement [or recreation parlour] or television exhibition, as the case may be, shall, within thirty days of happening such events, send to the Entertainments Tax Officer concerned, a declaration in Form XV signed by all the partners stating the names and addresses of all the partners and their respective shares in the business. The Entertainments Tax Officer shall, then, verify the application and transfer the permit or the certificate of registration in the name of the partnership firm. If a partner retires without the partnership being dissolved thereby, he shall sent to the Entertainments Tax Officer concerned a declaration in Form XVI within thirty days of his retirement. All partners shall jointly and severally responsible for the payment of the tax under the Act.]48B.
If a partnership is dissolved, every person who was a partner shall send a report of the dissolution to the Entertainments Tax Officer concerned within 30 days of such dissolution.48C.
If a proprietor dies, the [permit or registration] [Substituted by G.O. P. No. 265, dated the 18th August 1994 w.e.f. 1st September 1994.] shall expire. However, if his legal heir or representative notifies the fact of the death of the proprietor to the Entertainments Tax Officer concerned within 30 days from the date of his death, and desires to have a fresh [permit or registration] [Substituted by G.O. Ms. No. 265, dated the 18th August 1994 w.e.f. 1st September 1994.], a fresh [permit or registration], shall be granted in the name of the legal heir or representative.48D. [] [Substituted by G.O. Ms. No. 19, Commercial Taxes, dated the 15th February 1999.]
- The permit-holder or the certificate of registration holder, who appoints a person or a relative regularly as a manager or a person in-charge for the purpose of carrying on the work of the entertainment or amusement or television exhibition, such as appearing before the prescribed authority under the Tamil Nadu Entertainments Tax Act, 1939 (Tamil Nadu Act X of 1939), filing of returns, signing of Forms II, II-C and II-D statements and requisition, etc. shall submit to the Entertainments Tax Officer concerned a declaration in Form XX signed by the partners/proprietor/permit-holder/ registration certificate holder, as the case may be, along with Form I or I-B or III or III-B. If there is any change in the manager or person in-charge, a fresh Form XX shall be filed within three days from the date of such change.Part IX – Administration
49.
49A. [ [Inserted by G.O. Ms. No. 3002, Revenue, dated the 18th October 1954.]
Every order of an appellate or revising authority shall be communicated to the appellant or petitioner affected by this order, to the Entertainments Tax Officer, and any other authority concerned.]49B. [ [Inserted by G.O. Ms. No. 4522, Revenue, dated the 22nd December, 1958.]
If for any reasons the exemption granted under sub-section (2) of section 8 of the Act is cancelled by Government, the Entertainments Tax Officer concerned shall determine and collect the tax in the same manner as if it were a tax levied by himself.]50. [ [Omitted by G.O. Ms. No. 1085, Revenue, dated the 14th June 1967]
[***]51.
The Officer to whom the Government have delegated their powers [under section 5] [Substituted for the words 'under clause (a) of section 5' by G. O. P. No. 594, dated the 9th July 1985.] of the Act shall be the prescribed authority for the purpose of section 15 thereof.52. [ [Omitted by G.O. Ms. No. 1085, Revenue, dated the 14th June 1967.]
[***]53. [ [Substituted by G.O. Ms. No. 2112, C.T. & R.E., dated the 19th December 1977 and previously inserted by G.O. P. No. 447, dated the 6th April 1988.]
Any person who commits a breach of [any of the rules 21-B, 21-D, 22], 23 to 28,29(1) and (2), 30 to 32,32-C*, 32-E*, 32-J*, 32-K* and 32-N*], 36,37, 38,39,41,42,45-A, 45-B, [45-C] [Inserted by G.O. P. No. 1406, dated the 21st December 1982.], 46 and 48 or of any of the conditions of the permit in Forms IV, IV-B and VII or of any of the certificates in Forms VI and XI shall on conviction by a Magistrate, be punishable with fine which may extend to rupees five hundred.]54. [ [Substituted by G.O. Ms. No. 2954, Revenue, dated the 8th November 1959.]
Where a form has been prescribed by these rules for the keeping or maintaining of any register or for submission of any return, only the appropriate form printed under the authority of the Government shall be used for the purpose.]55. [ [Substituted by G.O. Ms. No. 958, Revenue, dated the 26th April 1948.]
Where a payment is made by cheque under these rules, the cheque shall be a [crossed cheque and] such as may be received by a Government Treasury under the Tamil Nadu Treasury Code.]56. [ [Substituted by G.O. Ms. No. 2213, Revenue, dated the 31st July 1953.]
Where a permit or certificate granted under these rules is lost or accidentally destroyed, a duplicate of the permit or certificate, as the case may be, may be granted on payment of a fee of one rupee and the same shall be superscribed "duplicate".]57. [ [Substituted by G.O. Ms. No. 1727, Revenue dated 30th June 1954.]
The service on a proprietor of any notice, summons or order under the Act or the rules made thereunder may be effected in any of these following ways, namely: -* These rules have no force now since sections 5,5-A, 5-B, 5-D, 5-E and 6-A were omitted by Tamil Nadu Act 38 of 2004.58A. [ [Substituted by G.O. Ms. No. 3834, Revenue, dated the 13th December 1955.]
An Entertainments Tax Officer may require any person whose evidence he considers necessary for the purpose of any enquiry under the Act or the rules made thereunder to appear before him and give evidence. The Deputy Commercial Tax Officer or the Entertainments Tax Officer may examine such person on oath or affirmation.]59. [ [Substituted by G.O. Ms. No. 1025, Revenue, dated the 3rd April 1959.]
An Entertainments Tax Officer shall have all the powers conferred on a Court by the Code of Civil Procedure, 1908 (Central Act V of 1908) for the purpose of securing the attendance of persons or the production of documents.]60. [ [Substituted by G.O. Ms. No. 1727, Revenue, dated the 30th June 1955.]
An Entertainments Tax Officer shall issue a summon for the production of documents or the appearance of any person in Form XII.]61.
The powers conferred on an Entertainments Tax Officer by rules 58 to 60 may also be exercised by an appellate or revising authority.62.
A person other than the proprietor appearing before an officer in pursuance of a summons to give evidence or produce documents in any enquiry under the Act or the rules made thereunder shall be paid travelling allowance and batta at such rates as may be fixed by the State Government, from time to time.63. [ [Substituted by G.O. Ms. No. 486, Revenue, dated the 10th February 1858.]
An Entertainments Tax Officer or an appellate or revising authority shall grant certified copies of depositions made under rule 58 or rule 61, as the case may be, to the parties concerned, if an application is made properly stamped.]64. [ [Added by G.O. P. No. 1242, dated the 9th November 1982.]
The following cases respecting proprietors shall be published under section 10 - AA: -1. (a) Name of the proprietor/partner(s) or director(s):
2. (a) Present address of the proprietor/partner(s)/director(s):
3. Property owned by the proprietor, partner or the firm or properties in which the proprietor or partner(s) or firm has interest -
4. Whether the proprietor/partner/director is an Income-Tax assessee and if so, permanent account No./assessment circle:
5. Address of the place at which television exhibition is provided and whether it is owned by him/or taken on lease/rent, etc.:
6. Number and date of [Certificate of registration issued by the registering authority under Cable Television Networks (Regulation) Act, 1995 (Central Act 7 of 1995) and period for which it is valid: [Item No. 6 substituted and items 7 toll were added by G.O. No. 134, dated the 2nd September 2003 w.e.f. 1st June 2003.]
7. Local area of coverage of television exhibition -
| (a) | Municipal corporation/municipality/town panchayat/ panchayat | |
| (b) | Exact areas of coverage - | |
| Division Number and Ward Number Bounded on the | ||
| North by- | Street | |
| South by- | Street | |
| East by- | Street | |
| West by- | Street | |
| (c) | Street address from where television exhibition is provided: | |
| (d) | Number of household connections (multiple connections in thesame household should be counted separately): |
8. Details of television exhibition through -
9. Name of channels provided through multi system operation by directly receiving signals from satellites:
10. Name of channels provided through receipt of signals from other multi system operators:
11. Name of channels provided through Video Cassette/Video Cassette Recorder/ Digital Video Decoder/other system (specify):]
The above statements are true to the best of my knowledge and belief.| Place: | Signature |
| Date: | Name of the applicant in full |
| Status (Proprietor/Managing Partner, etc.) |
2. The proprietor shall comply with the provision of the Act and the rules made thereunder.
3. This certificate is not transferable.
4. This certificate is valid from.......
5. (a) Number of channels and name of such channels provided through television exhibition;
6. This Certificate shall be exhibited at a conspicuous place from where exhibition through the television or computer monitor is provided.
Signature and seal of the Entertainment Tax Officer].[Form I - B [Inserted by G.O. Ms. No. 19, Commercial Taxes, dated the 15th February 1999.][See rule 21-D(1)] [or(l-A)]Application For RegistrationToThe Entertainments Tax OfficerSir,[I,.........., son of..........providing amusement] [Substituted by Notification No. SRO. A-39(c-l)/2003, dated the 2nd September 2003 w.e.f. 1st June 2003.]/recreation parlour known as................at.............hereby apply for registration under rule 21-D(1) [or (1-A)] [Substituted by Notification No. SRO. A-39(c-l)/2003, dated the 2nd September 2003 w.e.f. 1st June 2003.] of the Tamil Nadu Entertainments Tax Rules, 1939 and furnish the following particulars for the said purpose: -1. (a) Name of the proprietor/partner(s)/director(s):
2. (a) Present address of the proprietor/partner(s)/director(s):
3. Property owned by the proprietor/partner(s)/director(s) or the firm or properties in which the proprietor/partner(s)/ director(s) or firm has interest-
4. Whether the proprietor/partner(s)/director(s) is an income-tax assessee. If so, the details of the Permanent Account No. and Assessment Circle:
5. Address of the place at which amusement [ /recreation parlour] [Added by G.O. Ms. No. 100, C.T., dated the 1st November 2001.] is provided and whether it is owned by him/or taken on lease/ rent, etc.:
If the place of amusement [/recreation parlour] [Added by G.O. Ms. No. 100, C.T., dated the 1st November 2001.] is one taken on lease orrent:6. Number and date of licence, if any granted by any other authority by any other law]:
DeclarationI,............., son of...........do hereby declare that the particulars furnished in the application above are correct and complete to the best of my knowledge and belief.SignatureName (in capital letters)StatusNotes. Strike out whichever is/are not applicable.AcknowledgementReceived the application for registration in Form I-B, dated ............ from Thiru/Thriuvalargal.............at............Entertainments Tax Officer.Form I-C[See rule 21-D (3)]Certificate of RegistrationThis is to certify that Thiru/Thriuvalargal ............ providing amusement [ / recreation parlour] [Added by G.O. Ms. No. 100, C.T., dated the 1st November 2001.] under the name and style of........ at .........has/have been registered under rule 21-D(3) of the Tamil Nadu Entertainments Tax Rules, 1939 in the Office of the Entertainments Tax Officer............2. The proprietor shall comply with the provisions of the Act and rules made thereunder.
3. The certificate is not transferable.
4. The certificate issued is valid from.........
5. The certificate shall be exhibited at a conspicuous place of amusement [/recreation parlour] [Words added by G.O. Ms. No. 100, C.T., dated the 1st November 2001.].
| Place: | Signature |
| Date: | (Seal) |
| Original: | To be detached and sent to the EntertainmentsTax Officer. |
| Duplicate: | To be detached and sent to the ExecutiveAuthority of the Local Authority concerned within whosejurisdiction the entertainment is held. |
| Triplicate: | To be furnished to the distributor of the film. |
| Quadruplicate: | To be retained by the proprietor. |
1. Name of the proprietor:
2. Name of the place of entertainment, if any:
3. Full address of the place of entertainment:
4. Amount of total collections towards television exhibition:
5. Amount of entertainment tax due l[as specified in section 4-E of the Act:
6. Name of channels provided through television exhibition to subscribers:
| Name of free channels | Name of pay channels | ||
| Number of subscribers and rate per subscriber | Amount of subscription received/ receivable inthe month | Number of subscribers and rate per subscriber | Amount of subscription received/ receivable inthe month |
| Name of free channels | Name of pay channels | ||
| Number of subscribers and rate per subscriber | Amount of subscription received/ receivable inthe month | Number of subscribers and rate per subscriber | Amount of subscription received/ receivable inthe month |
7. [ Local authority in whose jurisdiction the exhibition through Television or Computer Monitor is provided.] [Added by Notification No. SRO. A-39(c-l)/2003, dated the 2nd September 2003.]
I,................hereby declare that to the best of my knowledge and belief the information furnished above are true and correct.Place:Date:Signature.[Form II-C] [Inserted by G.O. Ms. No. 19, Commercial Taxes, dated the 15th February 1999.][See rules 22(2), 30-C(2) and 30-C(3)]Register of Tickets Sold and Complimentary Tickets IssuedSerial Number:Place of entertainment:Signature of the proprietor.Note: - This form must be in duplicate as follows: -Original: To be detached and sent to the Entertainments Tax Officer.Duplicate: To be retained by the proprietor.[Form II-D] [Inserted by G.O. Ms. No. 19, Commercial Taxes, dated the 15th February 1999.][See rule 30-A(2)]Return of Turnover For The Month of............................Registration No.:ToThe Entertainments Tax OfficerI, ........., son of................ proprietor/managing partner/partner/authonsed person providing amusement [/ recreation parlour] [Added by G.O. Ms. No. 100, C.T., dated the 1st November 2001.] named........................at......................furnishing the following particulars for the month of.........I enclose herewith a cheque/demand draft/treasury receipt No............dated.........for an amount of Rs...........(Rupees..........only) towards the payment of tax due under [xxx] [Words 'section 4-F' omitted by G.O. Ms. No. 100, C.T., dated the 1st November 2001.] the Tamil Nadu Entertainments Tax Act, 1939 (Tamil Nadu Act X of 1939).1. Name and address of the proprietor of the amusement [/recreation parlour]:
2. Name of the amusement [/ recreation parlour], if any:
3. Complete address of the place of the amusement [/recreation parlour]:
4. Total collection: Rs.
| Category | Rate | Tickets Sold | Total number of the tickets sold in the month | Collection | ||
| From | To | |||||
| (1) | (2) | (3) | (4) | (5) | (6) | |
| 1. | Admission (Entry) | |||||
| 2. | Events | |||||
| (i) | ||||||
| (ii) | ||||||
| (iii) | ||||||
| (iv) | ||||||
| (v) | ||||||
| (vi) | ||||||
| (vii) | ||||||
| (viii) | ||||||
| (ix) | ||||||
| (x) | ||||||
| Gross collection Rs. |
5. Amount of entertainments tax due at. ........ Rs...............
DeclarationI, .................... son of......................do hereby declare that, to the best of my knowledge and belief, the information furnished above are true and correct.| Place: | Signature.............. |
| Date: | Status............. |
| 1. | Applicant's (Proprietor's) name: | |
| 2. | Residential address: | |
| 3. | Property owned by theproprietor and other partners, or properties in which theproprietor or partners have interest(a) Particulars of property with fulldescription: | |
| (b) Residential address: | ||
| (c) Nature of interest in property with extentof interest if there is no absolute ownerships | ||
| 4. | Kind of entertainments: | |
| 5. | Place where they will be held: | |
| 6. | How often in a week and on what days: | |
| 7. | Price of admission: |
| Class of tickets | Number of tickets sold | Period for which available | Gross sum realised | Amount of tax due |
| (1) | (2) | (3) | (4) | (5) |
| Rs. | Rs. | |||
| Number of complimentary tickets issued | No. of taxable complimentary tickets out ofcol. (6) | Gross amount realisable on the tickets in col.(7) | Amount of tax due on the tickets in col. (8) | Remarks |
| (6) | (7) | (8) | (9) | (10) |
| Rs. | Rs. |
1. Name of the proprietor:
2. Description of the entertainment:
3. Date:
4. Place:
2. This certificate must not be used for any entertainment other than that specified above, and it must be exhibited in a prominent position at the public entrance to the place of entertainment at the time the public are admitted and during the entertainment.
No correction or erasure of any kind must be made or allowed to be made in this certificate except under the initials of the officer issuing the certificate.[Subject to rule 48-A, this certificate shall not be transferred.] [Substituted by G.O. No. 4522, Revenue, dated the 22nd December 1958.]Place:Date:Signature of the Officer.Form VII[See rules 35 and 39(1)]Permit For Payment of the Tax on the Basis of Returns as Recorded by Mechanical ContrivanceRead: Application from............dated..........in respect of the following entertainments: -1. This permission may be revoked at any time without reason being assigned and no compensation shall be payable by the Government on account of any loss caused to the proprietor by reason of such revocation.
2. It is subject to the observance of the provisions of the Tamil Nadu Entertainments Tax Act, 1939 (Tamil Nadu Act X of 1939) the rules framed thereunder, the conditions of this permit and such other conditions as may, from time to time, be specified.
3. A correct and complete account shall be maintained in Form VIII appended to the Tamil Nadu Entertainments Tax Rules, 1939 and shall show the number of persons admitted to each class, the amount received and the total of the entertainments tax due thereon. This account shall be shown to the inspecting officers with other connected records when demanded for verification. Full facilities shall be given to the inspecting officers to check the correctness of the records by counting the number of spectators or the audience during any performance covered by this permit.
4. A return in Form VIII appended to the Tamil Nadu Entertainments Tax Rules, 1939 showing the payment for admission made in respect of all performances in a week from Monday to Sunday (both inclusive) shall be each day sent so as to reach the office of the undersigned on the Tuesday immediately following,-
at the latest next working day. The treasury receipt for the amount of tax paid or a crossed cheque drawn in favour of the Entertainments Tax Officer for the amount of the tax due shall be attached to the return. The number of persons admitted on the free passes or at concession rates shall, invariably, be noted in the returns separately for each performance.5. Any tax found to be due over and above the amount for the payment of which a receipt is sent along with the return shall be paid within seven days from the date on which it is levied.
6. [ No correction made in this permit shall be valid unless ordered and attested by the undersigned] [Substituted by G.O. Ps. No. 868, Revenue, dated the 9th April 1951.].
7. [ Subject to rule 48-A, this permit shall not be transferred.] [Substituted by G.O. No. 4522, Revenue, dated the 22nd Dec. 1958.]
Signature of the Officer.Form VIIIRegister of Number of Persons Admitted by Mechanical ContrivancePlace of entertainment:Date:| SI. No. | Price of admission | No. of persons admitted on payment | No. of persons admitted complimentary tickets | No. of persons admitted on taxablecomplimentary tickets | Gross receipts | Amount of tax collected | Remarks |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) |
| Rs. | Rs. | ||||||
| Total |
| Description of the entertainment | |
| Place | |
| Date |