2023 (2) TMI 97

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..... Rajeswar Rao, learned counsel representing Mr. L. Venkateswara Rao, learned counsel for the respondents. 2. After we have heard learned counsel for the petitioner and when the turn for reply submissions came, Mr. B.Rajeswar Rao, learned counsel submits that he is represented by Mr. L.Venkateswara Rao, learned counsel for the respondents, who is not in Court and therefore, he seeks a short pass over. 3. This writ petition is of the year 2005 and is now called upon for hearing after 18 years. 4. In the proceedings dated 24.03.2021, it was noted that the case had undergone about 50 adjournments by that time. In the circumstances, we are not inclined to adjourn the matter. 5. By filing this petition under Article 226 of the Constitution o....

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.... from sales tax for five years for new project units coming up in special tourism areas and notified tourism areas and also for special projects. It was clarified that the above benefit would be limited to 3 star and above hotels, amusement parks and theme parks. Special tourism areas would include entire areas of the notified special tourism areas. That apart, it was also clarified that sales tax exemption would be limited to 100% of the fixed capital cost. 9. According to the petitioner, for the assessment periods 2003-2004 and 2004-2005, respondent No.3 had raised a demand for sales tax against which appeal was preferred before the Appellate Deputy Commissioner, Secunderabad. Appellate authority accepted that the writ petitioner was eli....

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....esh Value Added Tax Act, 2005, was enacted (now Telangana Value Added Tax Act, 2005). The affidavit highlights that spirit of G.O.Ms.No.6 is to attract entrepreneurs to set up tourism projects in the State by providing some incentives and benefits, such as, 100% exemption from payment of sales tax for a period of five years. It is stated that the IMAX entertainment project of the petitioner is on a public private partnership mode and the State Government gets 15% of the revenue earnings as its share. 14. Having regard to the object and spirit behind issuance of G.O.Ms.No.6 dated 18.12.1998, and the fact that petitioner was provided exemption thereunder for the assessment periods 2003-2004 and 2004-2005, we are of the view that denial of su....