PANJIM: A PIL, alleging that there would be loss of Rs 16 crore due to non compliance with tax procedures, has been filed before the Goa Bench of the Bombay High Court, which has been asked to issue directions to the authorities not to allow the two music festivals – Sunburn and Supersonic.
The events are to take place from December 27 to 29 (Sunburn), and from December 27 to 30 (Supersonic). The petitioner Sunil Kawthankar has alleged that the organizers have been selling tickets without paying the Commercial Taxes and via internet and there has been inaction on the authorities on taking action against them and that “that such issuance of tickets apart from being unauthorized is also presumptuous, inasmuch as the Respondent Nos. 9 and 10 (organizers) have presumed that all the licences and permissions would be issued by the Respondent Nos. 1 to 3 and Respondent Nos. 6 to 8 (authorities) for conduct of such events.”
The petition also states that the noise created by the events would affect the health, well being and peace of the said region, affecting large number of people and also affect their rights under Article 21 of the Constitution of India. It alleged that the authorities have not taken any effective steps to ensure that the ambient noise levels are maintained.
The petitioner states that according to the Goa Entertainment Tax (Amendment) Act, 2013 read with the Goa Entertainment Tax (Second Amendment) Rules, 2014, the organizers of the EDMs were required to obtain prior permissions for conducting the festivals at least 15 days in advance. And were also required to obtain authenticated tickets from the Commercial Tax Department against payment of deposits in advance in the government treasury.
Alleging that no such applications were made in the stipulated time period and no advance payments were made by the organizers and no authenticated tickets issued, the petitioner states according to the Act prior permission is required to be obtained under Section 3A and amended Section 3G(1) and (2). But nothing of the sort had been done.
Also because no advance amount of tax liable was a loss to the public exchequer took place and the government “not only failed in its duties to recover the taxes from the Respondent Nos. 9 and 10, but is keen that the events should be held as scheduled,” the petition alleges.
It also alleged that such issuance of sale on a wide scale, without accounting for the number of people or type of people who are visiting the events would pose a serious threat to the security, public and law & order problem
in the region.
