[BREAKING] Relief for actor Vijay as Madras High Court stays single-judge order containing adverse remarks against actor on entry tax payment

A Division Bench of Madras High Court on Tuesday granted relief to Tamil actor Vijay by staying an order of a single-judge who had admonished the actor and imposed costs of Rs 1 lakh on him for filing a plea "to avoid payment of entry tax" on a Rolls Royce Ghost car that was imported from England..The Division Bench of Justices M Duraiswamy and R Hemalatha stayed the order after Vijay's counsel undertook to pay the remaining 80 percent of entry tax within a week after the tax demand is raised again. .In his appeal before the Division Bench, Vijay primarily took objection to the adverse observations contained against him in the single-judge ruling that he should have promptly paid the tax demanded by authorities. The single-judge had pointed out that cine heroes like Vijay have a large fan base that views actors as "real heroes". Actors who portray themselves as champions of social justice and against corruption should not evade tax, the judge had added..[Entry Tax on Rolls Royce] Actors portray selves as champions of social justice but evade tax: Madras High Court imposes Rs 1 lakh costs on Vijay.The actor's counsel, senior advocate Vijay Narayan, however, told the Division Bench on Tuesday that there was no justification for making such adverse comments and that the actor was ready to pay the entry tax once the demand is raised by the tax authority..Senior advocate Narayan urged the Court to expunge the adverse remarks made by the single judge against Vijay and that the costs imposed be deleted. In the alternative, he urged that the Court issue notice in Vijay's writ appeal and stay the single judge's order in the mean time. .He assured that once a demand for the entry tax remaining to be paid is raised, the appellant would see it to it that the same is paid. .Senior advocate Narayan added that petitions filed by other persons in similar cases were disposed of by the single judge without any adverse observations unlike in the actor's case. ."These remarks, there was not justification at all. In open court the same order as others were passed, but when judgment came, all these remarks (were made to the shock of the appellant)... The adverse publicity can hurt any human, he does not deserve this treatment", Narayan argued. .The Division Bench, in turn, took on record that Vijay is not contesting the matter on merits and that he is willing to pay the remaining amount of entry tax once a demand for the same is raised. The respondent-counsel also told the Court that he would instruct the concerned authority to raise the tax demand. ."In view of the submissions made by the learned counsel on either side, we are inclined to grant an order of interim stay of the order ... dated 8.07.2021", the Court said. .The Court howver made it clear that Vijay shall make the payment of the balance 80 percent of entry tax within a week from receiving the demand challan to be issued by the concerned authority. .After senior advocate Narayan appealed to the Court that a direction be issued to the tax authority to raise the demand in a time-bound manner so that the issue is not left hanging, the Court directed the authorities as follows:"Issue demand challan in respect of balance 80 percent of entry tax within a week from date of receipt of the copy of the order and on receipt of the same, the appellant shall pay the said amount within one week thereafter.".The petition before single-judge was moved by the actor in 2012. Vijay had submitted that he had already paid applicable import duty for the Rolls Royce to the Customs Department. Following this, he sought to register the vehicle at the office of the Regional Transport Officer (RTO), Chennai South. It was Vijay's case that the RTO told him to obtain a certificate from the Assistant Commissioner (CT), Assessment Circle, Chennai, while also adding that no entry tax is payable..However, on approaching for the grant of a certificate, the Assistant Commissioner informed that entry tax has to be paid. This prompted the actor to approach the High Court for relief, contending that an extraordinary entry tax is being demanded for the imported vehicle which was dismissed by the single-judge..The appeal against this single-judge order will be next heard on August 31..[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.