Advertisement
Advertisement
Skip to content
Follow Us on
Advertisement
TOP STORIES
Goods and Services Tax

Municipal bodies cannot levy advertisement tax after GST regime: Allahabad HC

Case Law Details

TaxGuru Citation
2025 taxguru.in 11927
Case Name
Saffron Communication Pvt Ltd And Another Vs State of U.P. And 3 Others (Allahabad High Court)
Date of Judgement/Order
Only available for paid members
Advertisement

Saffron Communication Pvt Ltd And Another Vs State of U.P. And 3 Others (Allahabad High Court)

The Allahabad High Court heard a writ petition filed by a company engaged in hosting advertisements through hoardings and signage within the Ghaziabad municipal limits. The petition challenged a recovery certificate dated 12 June 2019 demanding ₹2,55,78,080 towards advertisement tax, along with a demand notice from September 2018. The petition also sought refund of advertisement tax deposited for the period 1 July 2017 to 12 February 2018. An earlier writ petition had been dismissed in July 2019 on the ground that the petitioner had civil suits pending, one containing an injunction. The Supreme Court later set aside that dismissal, observing that the writ petition raised issues distinct from those in the suits, two of which had been withdrawn. The matter was remanded to the High Court for decision on merits.

The petitioner had entered into three agreements with the Nagar Nigam, Ghaziabad for the period February 2017 to February 2019, which required payment of premium and advertisement tax annually. Advertisement tax was deposited in advance for the first year ending 12 February 2018. During this period, significant statutory changes occurred. After the 101st Constitutional Amendment and enactment of the U.P. GST Act, 2017, the legislative competence to levy advertisement tax was removed. Sections 173 and 174 of the U.P. GST Act omitted provisions in the U.P. Municipal Corporation Act that earlier enabled municipalities to levy advertisement tax.

Paid content

Become a Premium Member, or log in if you are already a Premium member.

Advertisement

Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 21,304

Join TaxGuru's Network for the latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.