LHC restrains Punjab government from taking coercive measures against cinema owner

The Lahore High Court (LHC) here on Tuesday restrained Punjab government from taking coercive measures against the petitioner a cinema owner for charging entertainment duty. The court passed these orders in a petition of Arif Khan, owner of Gulistan cinema and issued notices to Punjab government for one week. The petitioner contended that entertainment tax was an excise duty and under the constitution only federal government was empowered to impose such a tax.
He said 90 per cent of cinema in Pakistan got completely demolished and government reduced entertainment duty from 150 per cent to 65 per cent after decline in cinema industry. He said in 2004 government had exempted entertainment duty for two years that was further extended for three years that expired in 2009.
He said during that period a local film "Channa Sachi Muchi" was released and it collected revenue of Rs 33000 from Lahore during first three days of its release. Government had also constituted a five members committee including parliamentarians and representatives of cinema industry. But now all of sudden Chief Minister had announced that exemption would be available for Pakistani movies, while no such concession would be given to English and Indian movies.
The petitioner said government had ensured cinema owners that entertainment duty would not be levied unless the committee formulated some policy or gave recommendations. He said Punjab Entertainment Duty Act 1958 is unconstitutional as exemption granted to Pakistani Films was discriminatory against English and Indian movies. He further said levy of entertainment duty would deprive common people of their valuable right of entertainment. He, therefore, prayed to the court to declare levy of entertainment duty as illegal and unconstitutional.