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 2 Contents 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 ............................................................................................... 9 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.................................................................................................................. 11 Time of Supply for Services ............................................................................................................. 11 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 .................................................................................. 12 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 .......................................................................................................................... 14 Services rendered by Artists and other technicians ...................................................................... 14 Sponsorship and Brand Promotion ............................................................................................... 15 Advertisement .............................................................................................................................. 15 Amusement Parks......................................................................................................................... 15 Challenges faced and way forward ....................................................................................................... 16 Conclusion: ........................................................................................................................................... 17 Bibliography & References................................................................................................................... 19 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 -economic impact of the tax on the society. 1 https://google.com/url?sa=D&q=https%3A%2F%2Fwww.twinlightslighthouse.com%2Fentertainment-salestax-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. 3 https://google.com/url?sa=D&q=https%3A%2F%2Funacademy.com%2Fcontent%2Fupsc%2Fstudymaterial%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-entertainmentindustry 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 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 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 7 https://www.investopedia.com/terms/p/progressivetax.asp Madhya Pradesh Entertainments Duty and Advertisements Tax Act, 1936, no. 30 of 1936, 1936MP30.pdf (blinkvisa.com) 8 7 Madhya Pradesh Entertainments Duty and Advertisements Tax Rules, 19429 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. 9 Madhya Pradesh Entertainments Duty and Advertisements Tax Rules, 1942 Madhya Pradesh Cable Television Network (Exhibition) Rules, 1999, http://www.bareactslive.com/MP/MP119.HTM#0 10 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 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 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) 16 https://google.com/url?sa=D&q=https%3A%2F%2Fwww.investopedia.com%2Fterms%2Fi%2Findirecttax.asp 9 Rajasthan 30% (Nil for Rajasthani Films) Orissa 25% Delhi 20% 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 Uttaranchal Nil 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% 17 18 Entertainment Tax - Check Features & Tax Rates in Various States (bankbazaar.com) Taxability & Impact of Media and Entertainment under GST (cleartax.in) 10 Total Tax 20.5% Table 319 Taxation under GST regime20 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 19 Taxability & Impact of Media and Entertainment under GST (cleartax.in) Impact of GST on Entertainment services - Pioneer One Consulting LLP 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 20 11 Admission to an event or amusement park or any other place. Services ancillary to above27 Place where the event is held or place where the amusement park is located28 Entertainment events ancillary to the above29 Supply to: Registered person – Location of the registered person Unregistered person – Location of the event30. and services 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 27 https://google.com/url?sa=D&q=https%3A%2F%2Fcleartax.in%2Fs%2Fmedia-entertainment-taxation-gst 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 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-allabout-gst-supply-services-right-to-broadcast-show-films 28 12 Sale of Movie tickets: No VAT or Service Tax State specific Entertainment tax ranging from 15% to 110% (average of 30%) Sale of Movie tickets: Where price of tickets is Rs.100 or less : 18% GST Where price of tickets is more than Rs.100 : 28% GST37 Television: No VAT Service Tax @ 15% Entertainment tax on broadcasting services (D2H / Cable TV services) : 8-12% Television: GST on broadcasting services (D2H / Cable TV services) : GST at 18% No set off for Entertainment Tax against Service Tax or VAT paid on procurements. Burden of taxes ultimately on customer. Authority given to local bodies to levy and collect taxes on entertainment and amusement. 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 GST39, 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 tax VAT @ 20.5% (Assumed) and Service tax @ 15% Supply of Food and Beverages at theaters is to be treated as restaurant services GST rate of 18% in case of supply at A/c 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 37 38 https://google.com/url?sa=D&q=https%3A%2F%2Fcleartax.in%2Fs%2Fmedia-entertainment-taxation-gst 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%2Bcascadi ng%2Btaxes%26source%3Dbl%26ots%3DYRa74dXqXG%26sig%3DACfU3U1eOcdtvMVqIjHGXbalLp7S8HFcA%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 Film Distribution Pre-GST GST Transfer of copyright for exhibition of movies in Theatre: Service Tax on temporary transfer of copyright relating to cinematograph films for 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 in Theatre: Treated as supply of services GST rate of 12% Transfer of copyright for exhibition on Television: Issue of dual levy of Service tax and VAT on transfer of copyright for exhibition on television due to confusion in classification of the activity as a sale of goods or services Transfer of copyright for exhibition in Television: Treated as supply of services GST rate of 12% IPR such as trademarks, copyrights were also treated as goods and attracted state VAT Transfer of Intellectual Property (IP) right in 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 @ 15% on forward charge basis Services rendered by Artists: GST @ 18% on forward charge basis Services rendered by technicians like composers, photographers: Service tax @ 15% on forward charge basis Supply of services by an author, music composer, photographer, artist or the like by way of transfer or permitting the use of a copyright: 18% GST on reverse charge basis 43 44 Taxability & Impact of Media and Entertainment under GST (cleartax.in) https://google.com/url?sa=D&q=https%3A%2F%2Fcleartax.in%2Fs%2Fmedia-entertainment-taxation-gst 14 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 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 tax Others: Service tax @ 15% Print media: GST @ 5% Others: GST @ 18% Availability 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 media50 Amusement Parks Pre-GST GST 45 Taxability & Impact of Media and Entertainment under GST (cleartax.in) https://google.com/url?sa=D&q=https%3A%2F%2Fcleartax.in%2Fs%2Fmedia-entertainment-taxation-gst 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 46 15 State specific Entertainment tax ranging from 15% to 110% (average of 30%) No VAT or Service Tax GST 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 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 51 Taxability & Impact of Media and Entertainment under GST (cleartax.in) https://google.com/url?sa=D&q=https%3A%2F%2Fcleartax.in%2Fs%2Fmedia-entertainment-taxation-gst 53 https://google.com/url?sa=D&q=https%3A%2F%2Feconomictimes.indiatimes.com%2Fnews%2Fpoliticsand-nation%2Fover-450-cinemas-in-mp-go-on-strike-over-local-body-taxes%2Farticleshow%2F66095523.cms 52 16 at 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. 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. 54 Over 450 cinemas in MP go on strike over local body taxes - The Economic Times (indiatimes.com) https://google.com/url?sa=D&q=https%3A%2F%2Fm.economictimes.com%2Fnews%2Fpolitics-andnation%2Fover-450-cinemas-in-mp-go-on-strike-over-local-body-taxes%2Farticleshow%2F66095523.cms 56 https://google.com/url?sa=D&q=https%3A%2F%2Fm.economictimes.com%2Fnews%2Fpolitics-andnation%2Fover-450-cinemas-in-mp-go-on-strike-over-local-body-taxes%2Farticleshow%2F66095523.cms 55 17 This table encapsulates the final tax rates that are applicable on entertainment post implementation of GST from the month of July in 201757TYPE OF ENTERTAINMENT GST RATE APPLICABLE Circus Theatre Drama Indian Classical dance inclusive of folk dance 18% Movie Cinema Amusement Race Casino Sport events such as IPL58 festivals Parks 28% 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 57 https://google.com/url?sa=D&q=https%3A%2F%2Fwww.coverfox.com%2Fpersonalfinance%2Ftax%2Fentertainment-tax%2F 58 https://google.com/url?sa=D&q=https%3A%2F%2Fwww.coverfox.com%2Fpersonalfinance%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/ 18 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. 2. 3. 4. 5. An Overview of Entertainment Tax in India; by Sujoy Ghosh: Impact of GST Rates on Entertainment Tax; by S. Parihar Taxation Defined, With Justifications and Types of Taxes (investopedia.com) https://www.investopedia.com/terms/p/progressivetax.asp 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 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 19