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Civil · Reportable judgment

Case Details M/s Harsh Automobiles Private Limited vs Indore Municipal Corporation

Court
Supreme Court of India
Date
9 October 2023
Case No.
Civil Appeal No. 5362 of 2023
Result
Disposed
Bench
S. Ravindra Bhat, Aravind Kumar
Citation
[2023] 15 S.C.R. 28 : 2023 INSC 893
Supreme Court Reports [2023] 15 S.C.R. 28 : 2023 INSC 893
Issue for consideration
Whether the display boards or sign boards or name boards as displayed by the appellants would partake the character of “advertisement” so as to attract s.132 of the Madhya Pradesh Municipal Corporation Act, 1956 and thereby the demand (for payment of advertisement tax) is to be sustained.
Headnote

Madhya Pradesh Municipal Corporation Act, 1956 – s.132 – Appellants displayed their name board of respective business establishment which also depicted the nature of the respective vehicles which were sold and it would be inseparable part of the appellants’ business establishment – The demand notices were raised against the appellants for payment towards advertisement tax – Same were affirmed by the High Court – Propriety:

Held: By mere mentioning the name of the product in which the business establishment is being run would not partake the character of the advertisement until and unless by such display customers are solicited – In the absence of the display of the name board or sign board either by a business establishment or any other establishment, it would drive the potential customer to such a situation where it would be neigh impossible to identify the business establishment from which the potential customer proposes to buy – However, if the sign boards so displayed would in any manner promote a particular product or goods or services or in other words it would attract customers to purchase a particular brand of product or goods or services and such display provides information about the product/ services and solicit the customers, it may amount to advertisement while the latter would only be an information to the public – The statutory provisions does not empower the Municipal Corporation or its agency to demand tax for display of information through name boards or display boards – It would emerge from the statutory provisions that the legislative intent was never to impose tax liability on sign boards but only on advertisement – Prima facie, the sign boards are display boards displayed by the appellants’ companies in the instant appeals would indicate that they have displayed on their respective premises the general information to the public about the products being dealt with by them and it would not reflect any soliciting of customers or induce the general public to buy the products dealt by the appellants and displayed on the board – In the instant case, on the demand being raised both the appellants had objected to the same and even before it came to be considered they approached the High Court – Therefore, the first respondent directed to examine the objections filed by the appellants afresh. [Paras 18, 19]

LIST OF CITATIONS AND OTHER REFERENCES

Read the full headnote (4 more paragraphs)

Bharti Airtel Vs. State of Madhya Pradesh WP No. 2296 of 2012 decided on 12.01.2015; ICICI Bank Vs. Municipal Corporation of Greater Bombay [2005] 2 Suppl. SCR 62 : (2005) 6 SCC 404; Municipal Corporation of Greater Bombay Vs. Bharat Petroleum Corporation Ltd. [2002] 2 SCR

860 : (2002) 4 SCC 219 – referred to.

OTHER CASE DETAILS INCLUDING IMPUGNED

ORDER AND APPEARANCES

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

JUDGMENT / ORDER OF THE SUPREME COURT JUDGMENT ARAVIND KUMAR, J. 1. The Order dated 24.10.2017 passed in WP No.1842 of 2016 and WP No.2106 of 2012 by the High Court of Madhya Pradesh whereunder the demand notices raised against the appellants for payment towards advertisement tax came to be affirmed by relying upon the judgment of Bharti Airtel Vs. State of Madhya Pradesh rendered in WP No. 2296 of 2012 decided on 12.01.2015 has been called in question. RE:Facts in C.A.5362 of 2023 arising out of final order and judgment dated 24.10.2017 passed in WP No.1842 of 2016 2. Appellant is the occ
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