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DHARMASHASTRA NATIONAL LAW

UNIVERSITY, JABALPUR
Programme: B.A. L.L.B (Hons.)

Subject: Economics-III

Semester: V

Roll No.: BALLB/064/20

Supervisor

Mr. Akshay Khandekar

Teaching Associate

A Study on Entertainment Tax of Madhya


Pradesh

Submission Date: 12/11/2022

1
Acknowledgement
I am overwhelmed in all humbleness and gratefulness to acknowledge my depth to all those
who have helped me to put these ideas, well above the level of simplicity and into something
concrete.

I would like to express my special thanks of gratitude to my teacher, Mr. Akshay Khandekar,
as well as our Vice Chancellor, Prof. (Dr.) V. Nagaraj, who gave me the golden opportunity
to do this wonderful project on the topic, “A Study on Entertainment Tax of Madhya
Pradesh”, which also helped me in doing a lot of research and I came to know about so many
new things. I am thankful to them.

Any attempt at any level cannot be satisfactorily completed without the support and guidance
of my parents and friends who helped me a lot in gathering different information, collecting
data and guiding me from time to time in making this project, despite of their busy schedules,
they gave me different ideas in making this project unique.

Thanking you,
Ojaswini Gupta
BALLB/064/20
Batch 2025

Contents

2
Abstract:...................................................................................................................................................4
Introduction:.............................................................................................................................................4
Research Objectives.................................................................................................................................4
Research Problem....................................................................................................................................5
Main Objective of the Project..................................................................................................................5
Scope of the Project.................................................................................................................................5
Methodology............................................................................................................................................5
Limitations of the Project........................................................................................................................5
Literature Review....................................................................................................................................5
Understanding the tax policy...................................................................................................................6
Taxation under Pre-GST or VAT regime................................................................................................8
Entertainment Tax under Pre-GST regime..........................................................................................9
Service Tax under Pre-GST regime..................................................................................................10
Total Tax under Pre-GST regime......................................................................................................10
Taxation under GST regime..................................................................................................................10
Time of Supply for Services..............................................................................................................10
Time of Supply under Reverse Charge.............................................................................................11
Place of Supply..................................................................................................................................11
Place of Supply of Goods..............................................................................................................11
Place of Supply for Services.........................................................................................................11
Place of Supply at Movie Halls.....................................................................................................11
Place of Supply in Events.............................................................................................................11
Value of Supply of Goods and/or Services...................................................................................11
GST on Online supplies of Digital Content (Music, Movies, Television Shows, etc.)................12
Impact of GST on different activities in Media & Entertainment Industry......................................12
Exhibition of Movies....................................................................................................................12
Food and Beverages at Movie Halls.............................................................................................13
Film Distribution...........................................................................................................................13
Services rendered by Artists and other technicians......................................................................14
Sponsorship and Brand Promotion...............................................................................................14
Advertisement...............................................................................................................................14
Amusement Parks.........................................................................................................................15
Challenges faced and way forward........................................................................................................16
Conclusion:............................................................................................................................................16
Bibliography & References...................................................................................................................18

3
Abstract:
The entertainment sector contributes significantly to the Indian economy. The industry
supports millions of jobs and the GDP to the tune of billions of rupees. The government has
implemented several levies and regulations to aid in the expansion of this business. This
paper will give a general outline of the entertainment tax in India, more specifically Madhya
Pradesh, and highlight the difficulties that Madhya Pradesh is now experiencing. We will go
over the tax's history, how it is collected, and the steps businesses must take to comply with
it. We will also focus on the Goods and Services Tax (GST), which has had a significant
impact on the indirect tax landscape.

Introduction:
Commercial shows, movie tickets, sporting events, music festivals, amusement parks,
exhibitions, theatre performances, and other private festivals are subject to an entertainment
tax imposed by the government.1 States have different levels of entertainment tax. The term
"entertainment tax" refers to indirect taxes.

Note: Entertainment tax has been replaced by the Goods and Services Tax(GST) starting 1
July 2017.2

The government structure of any nation must include taxes. On the commodities and services
that people and businesses buy and sell, many types of taxes are levied. The income received
by various people and business entities is likewise subject to taxation. The government
imposes an entertainment tax on things like cinema tickets, large-scale commercial
performances, and other private festivities.

The Project will go into additional detail regarding the outcome and effects of the tax policy,
with a focus on its socioeconomic effects. The negative effects of the tax policy will also be
explored with the use of data from various sources.

Research Objectives
 To study the socio-economic impact of the tax on the society.

 To relate the tax policy with the interest of the stakeholders.

 To find the challenge and success by of the policy by studying the data gathered.
1
https://google.com/url?sa=D&q=https%3A%2F%2Fwww.twinlightslighthouse.com%2Fentertainment-sales-
tax-in-ocean-city-maryland%2F
2
https://google.com/url?sa=D&q=https%3A%2F%2Fwww.bankbazaar.com%2Ftax%2Fentertainment-tax.html

4
Research Problem
The Entertainment Tax of MP has been a controversial subject since its inception. During the
establishment of such tax, the government believed that the tax would prove beneficial for the
stakeholders. However, over the course of time, it has been a subject of debate. This study
would try to understand the pros and cons of this tax and understand its effect on society.

Main Objective of the Project


This project therefore initially starts with studying the aim of the tax policy, mainly focusing
on the beneficiary sections of the society by the tax policy. The initial objectives of the tax
policy are deliberated to see whether there is some expansion or inclusion of some related
objectives or not. After studying the background, objectives, aims and the beneficiaries of the
tax policy, the project move on to analyse the impact and the success of the tax policy. This
would comprise of social impacts, economic impacts, among others. This analysis would lead
to studying or finding challenges or constraints in the tax policy followed by the suggestive
measures regarding the same.

Scope of the Project


The Project covers the impact of the tax in the state of Madhya Pradesh. This project deals
with the data available online regarding the same.

Methodology
The researcher conducts a research based on secondary resources which are available online
on various blog posts, research papers of other scholars, government website, among others.

Limitations of the Project


The project only deals with the data or sources available online and does not do empirical
research.

Literature Review
1. An Overview of Entertainment Tax in India; by Sujoy Ghosh:

Entertainment tax in India is a complex and ever-changing topic. However, the GST rate for
entertainment is currently 18%. It is important to stay up-to-date on changes in entertainment
tax law, as the rates can vary depending on the type of entertainment being provided. Overall,
the introduction of GST has made the process of paying entertainment tax simpler and more

5
streamlined. However, it is still important to be aware of the rates and how they may change
in the future.3

2. Impact of GST Rates on Entertainment Tax; by S. Parihar:

The impact of GST on the entertainment industry can be both positive and negative,
depending on the state. Owners of movie halls, parks etc. stand to gain under GST thanks to
the provision of input tax credit. However, the effect of any additional local taxes (if levied)
needs to be seen.4

Understanding the tax policy


A taxation authority, typically a government, levying or imposing a financial obligation on its
inhabitants or residents is known as taxing them. 5 Since ancient times, paying taxes to
governments or officials has been a fundamental aspect of civilisation.6

All involuntary levies, including estate taxes, capital gains taxes, and income taxes, are
referred to as "taxation." Although the term "taxation" can apply to both an act and a noun, it
is most commonly used to refer to the ensuing revenue.

Taxation differs from other payment methods like market exchanges in that it doesn't require
permission and isn't directly related to any services provided. The threat of force, whether
implicit or explicit, is how the government forces taxation. Because the agency enforcing the
tax is the government and not a private party, taxation is treated differently by the law than
extortion or a protection racket.

Between jurisdictions and over time, there have been wide variations in taxation. In the
majority of contemporary systems, taxes are levied on both tangible assets, like real estate,
and particular occasions, services, goods, and entertainment, like a business transaction. One
of the most important and divisive topics in contemporary politics is the creation of tax laws.
It depends on a number of variables, including consumer purchasing power, governmental
spending on a particular commodity or service, the demand for such goods and services, etc.

The fifth-largest media and entertainment market in the world is in India. Reduced data
pricing, the Digital India plan, and the widespread availability of smartphones at reasonable

3
https://google.com/url?sa=D&q=https%3A%2F%2Funacademy.com%2Fcontent%2Fupsc%2Fstudy-material
%2Fcommerce%2Fentertainment-tax-in-india%2F
4
https://google.com/url?sa=D&q=https%3A%2F%2Fcleartax.in%2Fs%2Fimpact-of-gst-rates-on-entertainment-
industry
5
https://google.com/url?sa=D&q=https%3A%2F%2Fwww.investopedia.com%2Fterms%2Ft%2Ftaxation.asp
6
Taxation Defined, With Justifications and Types of Taxes (investopedia.com)

6
prices have all helped this industry grow. The media sector has prospered in the
contemporary debate for a variety of reasons, including the OTT platforms, the proliferation
of movie theatres, fests, carnivals, etc.

The nation's state governments are in charge of the entertainment tax. This is the rationale
behind the disparate entertainment tax rates in different Indian states. However, after the
country's adoption of the GST in 2017, things have altered. Fiscal federalism in India has
been impacted by the aforementioned policy.

To finance governmental expenses, taxation serves its most fundamental purpose. Taxes have
been justified and explained in a variety of ways throughout history. Early taxes supported
the ruling classes by funding their armies and fortifications. The power to tax frequently
derives from heavenly or supranational rights.

There have been a variety of later arguments put forth, including utilitarian, economic, and
moral ones. Progressive taxation on high income people, according to their argument,
promotes a more egalitarian society. Higher taxes on particular goods and services, like
gasoline or tobacco, have been defended as a consumption deterrent. In circumstances where
the private provision of public goods is deemed suboptimal, such as with lighthouses or
national definitions, proponents of the public goods theory contend taxes may be required.7

The entertainment tax might also be justified in the current conversation by citing economic
and utilitarian factors. The utilitarian principle of Jeremy Bentham states that one should
constantly strive to maximise pleasure and minimise suffering. Additionally, it must assist the
bigger rather than the smaller portion of society. Therefore, governments use these factors as
justification for levying an entertainment tax in order to achieve their goals of societal
advancement.

The concept of Entertainment Tax is not novel, it has been in existence in various provinces
pre-independence. In Madhya Pradesh, the Entertainment Tax was governed and regulated
by,

 Madhya Pradesh Entertainments Duty and Advertisements Tax Act, 19368


 Madhya Pradesh Entertainments Duty and Advertisements Tax Rules, 19429

7
https://www.investopedia.com/terms/p/progressivetax.asp
8
Madhya Pradesh Entertainments Duty and Advertisements Tax Act, 1936, no. 30 of 1936, 1936MP30.pdf
(blinkvisa.com)
9
Madhya Pradesh Entertainments Duty and Advertisements Tax Rules, 1942

7
 Madhya Pradesh Cable Television Network (Exhibition) Rules, 199910

The category of indirect tax includes the entertainment tax. An indirect tax is one that is
collected and paid to the government by one party in the supply chain, such as a manufacturer
or retailer, but is then passed on to the customer as part of the cost of the commodity or
service. The final recipient of the tax is the consumer, who pays extra for the good11.

By comparing indirect taxes to direct taxes, one may define indirect taxes as Taxation on a
person or an entity that is ultimately covered by another person is known as an indirect tax.
The tax will subsequently be sent to the government by the organisation that collects it.
However, in the case of direct taxes, the target of the taxation is the party that pays the tax
right away.12

The government frequently uses and imposes indirect taxes in order to raise money. Rich or
poor, everyone must pay them because they are effectively levies that are assessed to
taxpayers on an equal basis regardless of their wealth.13

However, many people view them as regressive taxes because they can place a significant
burden on those with lower earnings, who end up paying the same amount in taxes as those
with higher incomes.14

For instance, regardless of the consumer's income, the customs duties on a television from
Tokyo will be the same amount. The fact that this tax has no relation to an individual's
income implies that someone making $25,000 a year will pay the same duty on the same
television as someone making $150,000, obviously placing a heavier burden on the former15.

Additionally, there are worries that indirect taxes might be used to support a specific
government programme by taxing some industries but not others. Some economists contend

10
Madhya Pradesh Cable Television Network (Exhibition) Rules, 1999,
http://www.bareactslive.com/MP/MP119.HTM#0
11
https://google.com/url?sa=D&q=https%3A%2F%2Fwww.investopedia.com%2Fterms%2Fi
%2Findirecttax.asp
12
Indirect Tax: Definition, Meaning, and Common Examples (investopedia.com)
13
Georgia State University, Andrew Young School of Policy Studies. "Direct Versus Indirect Taxation: Trends,
Theory and Economic Significance," Pages 1-2.
14
Institute of Economic Affairs. "Aggressively Regressive: The 'Sin Taxes' That Make the Poor Poorer," Pages
8-9.

15
https://google.com/url?sa=D&q=https%3A%2F%2Fwww.investopedia.com%2Fterms%2Fi
%2Findirecttax.asp

8
that indirect taxes cause an inefficient market and change market prices from their
equilibrium price for this reason.16

Taxation under Pre-GST or VAT regime

As mentioned before, there have been substantial changes before and after the introduction of
GST in the country with regard to all the indirect taxes.

Entertainment Tax under Pre-GST regime


State Entertainment Tax

Jharkhand 110% (Nil for Jharkhand


Films)

Bihar 50%

Maharashtra 45% (Nil for Marathi Films)

Uttar Pradesh 30% to 40%

Haryana 30%

Kerala 30%

West Bengal 30% (2% for Bengali Films)

Karnataka 30% (Nil for Kannada


Films)

Rajasthan 30% (Nil for Rajasthani


Films)

Orissa 25%

Delhi 20%

16
https://google.com/url?sa=D&q=https%3A%2F%2Fwww.investopedia.com%2Fterms%2Fi
%2Findirecttax.asp

9
Gujarat 20%

Madhya Pradesh 20%

Andhra Pradesh 20% (15% for Telugu


Films)

Tamil Nadu 15% (Nil for Tamil Films)

Assam, Himachal Pradesh, Jammu & Kashmir, Punjab and Nil


Uttaranchal

Table 117

Service Tax under Pre-GST regime


Tax Rate 15%

Abatement 60%

Effective Rate 15% x 40% = 6%

Table 218

Total Tax under Pre-GST regime


VAT ( Assumed) 14.5%

Service Tax 6%

Total Tax 20.5%

Table 319

Taxation under GST regime20

17
Entertainment Tax - Check Features & Tax Rates in Various States (bankbazaar.com)
18
Taxability & Impact of Media and Entertainment under GST (cleartax.in)
19
Taxability & Impact of Media and Entertainment under GST (cleartax.in)
20
Impact of GST on Entertainment services - Pioneer One Consulting LLP

10
Time of Supply for Services21
Time of supply of services is the earliest of the following:
 Date of issue of invoice
 Date of receipt of advance/payment.
 Date of provision of services (if invoice is not issued within prescribed period)22

Time of Supply under Reverse Charge


In case of reverse charge, the time of supply for service receiver is the earliest of the
following:
 Date of payment (For services only)
 30 days from date of issue of invoice for goods (60 days for services)23

Place of Supply
Place of Supply of Goods
 In case of sale of food & food products in a movie hall, the place of supply is the
movie hall itself.24
Place of Supply for Services
 Place of supply of services is the location of the service recipient.
 In cases where the services are provided to an unregistered dealer and their location is
not available, the location of the service provider will be the place of provision of
service.25
Place of Supply at Movie Halls
 Place of supply is place where the service are actually performed. i.e., movie hall
itself.26
Place of Supply in Events
Nature of Supply Place of Supply

Admission to an event or amusement park Place where the event is held or place where the
or any other place. Services ancillary to amusement park is located28
above27

Entertainment events and services Supply to: Registered person – Location of the
ancillary to the above29 registered person Unregistered person – Location of
21
GST on Entertainment Services - Taxmann Blog
22
https://google.com/url?sa=D&q=https%3A%2F%2Fcleartax.in%2Fs%2Fmedia-entertainment-taxation-gst
23
https://google.com/url?sa=D&q=https%3A%2F%2Fcleartax.in%2Fs%2Fmedia-entertainment-taxation-gst
24
https://google.com/url?sa=D&q=https%3A%2F%2Fcleartax.in%2Fs%2Fmedia-entertainment-taxation-gst
25
https://google.com/url?sa=D&q=https%3A%2F%2Fcleartax.in%2Fs%2Fmedia-entertainment-taxation-gst
26
https://google.com/url?sa=D&q=https%3A%2F%2Fcleartax.in%2Fs%2Fmedia-entertainment-taxation-gst
27
https://google.com/url?sa=D&q=https%3A%2F%2Fcleartax.in%2Fs%2Fmedia-entertainment-taxation-gst
28
https://google.com/url?sa=D&q=https%3A%2F%2Fcleartax.in%2Fs%2Fmedia-entertainment-taxation-gst
29
https://google.com/url?sa=D&q=https%3A%2F%2Fcleartax.in%2Fs%2Fmedia-entertainment-taxation-gst

11
the event30.

Table 431
Value of Supply of Goods and/or Services
 The amount collected by the seller / service provider from the buyer or service
recipient respectively is the value of supply.32
GST on Online supplies of Digital Content (Music, Movies, Television Shows, etc.)
 Online supplies of Digital Content (Music, Movies, Television Shows, etc.) are
known as OIDAR i.e. Online Information Database Access and Retrieval services.33
Case 1: Both Service Supplier and Service Recipient are in India
GST @ 18% i.e. the Service Supplier should be registered in India and shall collect GST@
18% from the Service Recipient.34
Case 2: Service Supplier is outside India and Service Recipient is in India
Place of supply would be India The manner of levy of GST on such transactions would
depend on whether the Service Recipient is a Business or is a Consumer35 i.e. Non-Business.
II. Service Recipient is a Business entity registered under GST
The service recipient is liable to tax under the Reverse Charge Mechanism
II. Service Recipient is not registered under GST
Service provider would also be required to get registered in India under the GST Law, collect
GST from the service recipient and then deposit GST with the Govt.36
Impact of GST on different activities in Media & Entertainment Industry
Exhibition of Movies
Pre-GST GST

Sale of Movie tickets: No VAT or Service Sale of Movie tickets: Where price of tickets is
Tax State specific Entertainment tax ranging from Rs.100 or less : 18% GST Where price of
15% to 110% (average of 30%) tickets is more than Rs.100 : 28% GST37

Television: No VAT Service Tax @ Television: GST on broadcasting services (D2H


15% Entertainment tax on broadcasting services / Cable TV services) : GST at 18%
(D2H / Cable TV services) : 8-12%

30
https://google.com/url?sa=D&q=https%3A%2F%2Fcleartax.in%2Fs%2Fmedia-entertainment-taxation-gst
31
Taxability & Impact of Media and Entertainment under GST (cleartax.in)
32
https://google.com/url?sa=D&q=https%3A%2F%2Fcleartax.in%2Fs%2Fmedia-entertainment-taxation-gst
33
https://google.com/url?sa=D&q=https%3A%2F%2Fcleartax.in%2Fs%2Fmedia-entertainment-taxation-gst
34
https://google.com/url?sa=D&q=https%3A%2F%2Fcleartax.in%2Fs%2Fmedia-entertainment-taxation-gst
35
https://google.com/url?sa=D&q=https%3A%2F%2Fcleartax.in%2Fs%2Fmedia-entertainment-taxation-gst
36
https://google.com/url?sa=D&q=https%3A%2F%2Fwww.topcafirms.com%2Fwhite-paper%2F10161-all-
about-gst-supply-services-right-to-broadcast-show-films
37
https://google.com/url?sa=D&q=https%3A%2F%2Fcleartax.in%2Fs%2Fmedia-entertainment-taxation-gst

12
No set off for Entertainment Tax against Service Authority given to local bodies to levy and
Tax or VAT paid on procurements. Burden of collect taxes on entertainment and amusement.
taxes ultimately on customer.

Table 538
IMPACT
Since entertainment tax was greater than the GST rate before, the overall tax burden on
consumers is expected to decrease. Since the amount of the entertainment tax is included in
the base value for the levy of GST 39, the effect of the entertainment tax imposed by local
bodies is one of cascading taxes.
Food and Beverages at Movie Halls
Pre-GST GST

Dual levy of VAT and Service Supply of Food and Beverages at theaters is to be treated as
tax VAT @ 20.5% (Assumed) and restaurant services GST rate of 18% in case of supply at A/c
Service tax @ 15% counters and 12% at non- A/c counters40

Table 641
IMPACT
VAT & Service taxes subsumed under GST Reduced tax burden on end consumer Issues
regarding classification of an activity as a sale of goods or services42
Film Distribution
Pre-GST GST

Transfer of copyright for exhibition of movies in Transfer of copyright for exhibition in


Theatre: Service Tax on temporary transfer of Theatre: Treated as supply of services GST
copyright relating to cinematograph films for rate of 12%
exhibition in a cinema hall or theatre. Increased
burden on producers on procurement of services
for service tax charged by actors, technicians etc.

Transfer of copyright for exhibition on Transfer of copyright for exhibition in


Television: Issue of dual levy of Service tax and Television: Treated as supply of services GST

38
Taxability & Impact of Media and Entertainment under GST (cleartax.in)
39
https://google.com/url?sa=D&q=https%3A%2F%2Fbooks.google.com%2Fbooks%3Fid
%3Dyj1AEAAAQBAJ%26pg%3DPT1539%26lpg%3DPT1539%26dq%3Dsince%2Bamount
%2Bentertainment%2Btax%2Bincluded%2Bbase%2Bvalue%2Blevy%2Bgst%2Beffect%2Bentertainment
%2Btax%2Bimposed%2Bbodies%2Bcascading%2Btaxes%26source%3Dbl%26ots%3DYRa74dXqXG%26sig
%3DACfU3U1eOcdtvMVqI-jHGXbalLp7S8HFcA%26hl%3Den
40
https://google.com/url?sa=D&q=https%3A%2F%2Fcleartax.in%2Fs%2Fmedia-entertainment-taxation-gst
41
Taxability & Impact of Media and Entertainment under GST (cleartax.in)
42
https://google.com/url?sa=D&q=https%3A%2F%2Fcleartax.in%2Fs%2Fmedia-entertainment-taxation-gst

13
VAT on transfer of copyright for exhibition on rate of 12%
television due to confusion in classification of the
activity as a sale of goods or services

IPR such as trademarks, copyrights were also Transfer of Intellectual Property (IP) right in
treated as goods and attracted state VAT respect of Information Technology
software: GST at the rate of 18% Transfer of
Intellectual Property (IP) right in respect of
goods other than Information Technology
software: GST at the rate of 12%

Table 743
IMPACT
No issue of dual levy of Service tax and VAT on transfer of copyright for exhibition on
television Reduced tax burden on Producers44

Services rendered by Artists and other technicians


Pre-GST GST

Services rendered by Artists: Service tax Services rendered by Artists: GST @ 18% on
@ 15% on forward charge basis forward charge basis

Services rendered by technicians like Supply of services by an author, music composer,


composers, photographers: Service tax @ photographer, artist or the like by way of transfer
15% on forward charge basis or permitting the use of a copyright: 18% GST on
reverse charge basis

Table 845

IMPACT

GST rate increase for services provided by artists While the cost on technicians, such as
musicians and photographers, is eliminated, the burden on producers has increased as a result
of the GST's reverse charge tax.46

43
Taxability & Impact of Media and Entertainment under GST (cleartax.in)
44
https://google.com/url?sa=D&q=https%3A%2F%2Fcleartax.in%2Fs%2Fmedia-entertainment-taxation-gst
45
Taxability & Impact of Media and Entertainment under GST (cleartax.in)
46
https://google.com/url?sa=D&q=https%3A%2F%2Fcleartax.in%2Fs%2Fmedia-entertainment-taxation-gst

14
Sponsorship and Brand Promotion
Pre-GST GST

Liable to service tax @ 15% Liable to GST @ 18%

Table 947
IMPACT
Increased tax rate under GST.
Advertisement
Pre-GST GST

Print media: Exempt from service Print media: GST @ 5% Others: GST @ 18% Availability
tax Others: Service tax @ 15% of input tax credit on the taxes paid on the
advertisements48

Table 1049

IMPACT

No tax exemption to print media. However input credit is available on services


received Increased tax rate under GST for advertisement media other than print media 50

Amusement Parks
Pre-GST GST

State specific Entertainment tax ranging from 15% to 110% (average of 30%) No GST at
VAT or Service Tax 18%

Table 1151
IMPACT
States with high entertainment taxes will benefit from the GST. Unfavourable affect for states
with low entertainment taxes already negatively impact on building social infrastructure and
luring tourists to the nation. The removal of service tax and VAT from various transactions

47
Taxability & Impact of Media and Entertainment under GST (cleartax.in)
48
https://google.com/url?sa=D&q=https%3A%2F%2Fcleartax.in%2Fs%2Fmedia-entertainment-taxation-gst
49
Taxability & Impact of Media and Entertainment under GST (cleartax.in)
50
https://google.com/url?sa=D&q=https%3A%2F%2Fcleartax.in%2Fs%2Fmedia-entertainment-taxation-gst
51
Taxability & Impact of Media and Entertainment under GST (cleartax.in)

15
and the application of GST throughout the supply chain should enable producers and studios
to offset the taxes, greatly lowering expenses.52

In conjunction to the GST, certain local governments, like those in Maharashtra, impose a
Local Bodies Entertainment Tax (LBET) that ranges from 10% to 25% on movies, cable TV,
and DTH services. If local governments continued to levy these additional taxes, which
appear to be a backdoor entertainment tax entrance, the operating margins and profitability
for the sector would decline, raising the cost to consumers. On a state-by-state basis, the
entertainment business has both significant and detrimental effects.

GST will be advantageous for those states with high entertainment taxes because it will lower
prices for final customers. GST will, however, be detrimental to jurisdictions with low
entertainment taxes currently in place. Overall, GST will support the industry's growth and
prosperity through increasing digitisation and more affordable access to data services.

Challenges faced and way forward


Due to its nature, the present dynamic of the entertainment tax, which was merged into the
goods and services tax, has sparked a lot of criticism. It is well known that the entertainment
business suffers from entertainment taxes. The entertainment sector has suffered significantly
as a result of COVID-19, particularly given the current change in dynamics.

That is not all, though. In Madhya Pradesh, many movie theatres went on strike in 2018. In
protest of the double taxation on movie tickets, more than 450 theatre owners in Madhya
Pradesh, including both multiplexes and independent theatres, have declared an indefinite
strike that began.53 The Central Cine Circuit Association and the Producers Guild of India
have joined the strike, which was originally called by the Multiplex Association of India
(MAI).54

The boycott is in response to a formal notice by the municipal corporations of Bhopal and
Indore that all films will be subject to a Local Body Entertainment Tax of up to 15% in
Bhopal and 5% in Indore.55 The 28% Goods and Services Tax (GST) on movie tickets is in
addition to these levies.

52
https://google.com/url?sa=D&q=https%3A%2F%2Fcleartax.in%2Fs%2Fmedia-entertainment-taxation-gst
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https://google.com/url?sa=D&q=https%3A%2F%2Feconomictimes.indiatimes.com%2Fnews%2Fpolitics-
and-nation%2Fover-450-cinemas-in-mp-go-on-strike-over-local-body-taxes%2Farticleshow%2F66095523.cms
54
Over 450 cinemas in MP go on strike over local body taxes - The Economic Times (indiatimes.com)
55
https://google.com/url?sa=D&q=https%3A%2F%2Fm.economictimes.com%2Fnews%2Fpolitics-and-nation
%2Fover-450-cinemas-in-mp-go-on-strike-over-local-body-taxes%2Farticleshow%2F66095523.cms

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Even though Madhya Pradesh contributes only about 4% of the nation's total box office
receipts, this strike will significantly affect recently released movies like "Andhadhun,"
"Loveratri," and "Venom" (dubbed), as well as older movies like "Stree" and
"Manmarziyaan," that were yet operating in the cinema halls in the state.

Madhya Pradesh has given local councils the authority to begin levying entertainment taxes
in addition to the GST, much like the governments of Rajasthan and Gujarat had done. 56 This
is because state government entertainment charges have been incorporated into the GST.

All of the stakeholders have been burdened by an additional entertainment tax over and above
the GST, which has primarily benefited the States. The cost of performance tickets is a
separate expense for distributors and consumers. The ability of states to collect any form of
indirect tax has also been taken away by the GST. As a result, state governments must also
make an attempt to raise money on their own.

Conclusion:
GST has replaced a number of taxes, including VAT, service tax, and entertainment tax on
these entertainment services, and will instead apply a single GST rate. Both the entertainment
business and the final consumer now pay less in taxes thanks to the GST. However, it is
necessary to lower and harmonise the GST rates for theme parks with those for other forms of
entertainment.

Yet several governments, including Madhya Pradesh, Rajasthan, and Gujarat, have imposed
an external entertainment tax on the sector, harming both customers and distributors.

This table encapsulates the final tax rates that are applicable on entertainment post
implementation of GST from the month of July in 201757-

TYPE OF ENTERTAINMENT GST RATE APPLICABLE

Circus
Theatre
18%
Drama
Indian Classical dance inclusive of folk dance

Movie festivals 28%


Cinema

56
https://google.com/url?sa=D&q=https%3A%2F%2Fm.economictimes.com%2Fnews%2Fpolitics-and-nation
%2Fover-450-cinemas-in-mp-go-on-strike-over-local-body-taxes%2Farticleshow%2F66095523.cms
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https://google.com/url?sa=D&q=https%3A%2F%2Fwww.coverfox.com%2Fpersonal-finance%2Ftax
%2Fentertainment-tax%2F

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TYPE OF ENTERTAINMENT GST RATE APPLICABLE

Amusement Parks
Race
Casino
Sport events such as IPL58

Table 1259

The following is an illustration that uses a movie to explain how GST affects the final
consumer. Food and drink are subject to a 20.5% VAT tax in multiplexes or movie theatres,
while ticket prices often carry a 30% tax. Everything depends on the location where the
customer watches the film.

The rate of 28% GST is applied on movie tickets. Food and drinks are considered to be part
of outdoor catering and hence draw between 5 and 18% of customers. The GST rates for the
entertainment sector are therefore clearly lower than the VAT and Service Tax rates. 60

Consequently, and subject to the state, GST has a variety of consequences on the
entertainment business. GST has proven advantageous for places where the entertainment tax
was greater than in other states because it lowers prices for the final consumer. States with
low entertainment taxes, on the other hand, see the opposite impact from GST.

Ergo, it can be said with assurance that GST has had a substantial impact on the whole of
entertainment business and has changed the dynamics of indirect taxation. In order to
maximise the sector's utility and incentive, the states must be complacent and understanding
of the needs of its stakeholders. This will allow the business to continue operating without
facing any obstacles from the state and advance the laissez-faire concept in general.

Bibliography & References


1. An Overview of Entertainment Tax in India; by Sujoy Ghosh:
2. Impact of GST Rates on Entertainment Tax; by S. Parihar
3. Taxation Defined, With Justifications and Types of Taxes (investopedia.com)
4. https://www.investopedia.com/terms/p/progressivetax.asp
5. Madhya Pradesh Entertainments Duty and Advertisements Tax Act, 1936, no. 30 of
1936, 1936MP30.pdf (blinkvisa.com)
6. Madhya Pradesh Entertainments Duty and Advertisements Tax Rules, 1942
58
https://google.com/url?sa=D&q=https%3A%2F%2Fwww.coverfox.com%2Fpersonal-finance%2Ftax
%2Fentertainment-tax%2F
59
Entertainment Tax: Check Features, Tax Rates etc | Coverfox
60
https://www.coverfox.com/personal-finance/tax/goods-and-services-tax-gst/gst-rates-and-registration/

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7. Madhya Pradesh Cable Television Network (Exhibition) Rules, 1999,
http://www.bareactslive.com/MP/MP119.HTM#0
8. Indirect Tax: Definition, Meaning, and Common Examples (investopedia.com)
9. Georgia State University, Andrew Young School of Policy Studies. "Direct Versus
Indirect Taxation: Trends, Theory and Economic Significance," Pages 1-2.
10. Institute of Economic Affairs. "Aggressively Regressive: The 'Sin Taxes' That Make
the Poor Poorer," Pages 8-9.
11. Entertainment Tax - Check Features & Tax Rates in Various States (bankbazaar.com)
12. Taxability & Impact of Media and Entertainment under GST (cleartax.in)
13. Taxability & Impact of Media and Entertainment under GST (cleartax.in)
14. Impact of GST on Entertainment services - Pioneer One Consulting LLP
15. GST on Entertainment Services - Taxmann Blog
16. Taxability & Impact of Media and Entertainment under GST (cleartax.in)
17. Over 450 cinemas in MP go on strike over local body taxes - The Economic Times
(indiatimes.com)
18. Entertainment Tax: Check Features, Tax Rates etc | Coverfox

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