2026 (3) TMI 190

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....der additional refund, proportionate CGST from 41 per cent of State's share of devolution of Central Tax as per 15th Finance Commission Report, to compensate for the loss of entitlement on account of reduction of rate of incentive from 15% to 9% (Exhibit-L); or (b) direct Respondent No. 4 to consider extension of the Entitlement period under Entitlement Certificate Number MTDC/2013/INCENTIVE/TP-2006/EC-44 dated 15.06.2013 (EC-1) and Entitlement Certificate Number MTDC/2014/INCENTIVE/TP-2006/EC-54 dated 25.05.2015 ('EC-2') to enable the Petitioner to recover the investment made by them in light of the reduced tax rate from 15% prior to 1 July 2017 to 9% after 25 January 2018 [Exhibit-A and Exhibit-B]; or (c) direct Responde....

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....VE/TP-2006/EC-54 dated 25th May 2015 (for the Water Park by the name "Aquamagica") issued by the Respondent No. 5 in pursuance of the Tourism Policy 2006 (TP-2006) of the State of Maharashtra. The Petitioner was earlier know as Adlabs Entertainment Limited and with effect from 7th April 2020, the name of the Petitioner changed to "Imagicaaworld Entertainment Limited". ii. On 16th December 2006, to promote tourism in the State of Maharashtra, Respondent No. 4 issued a Government Resolution (GR), which exempted Entertainment Tax (ET) for businesses registered under the said TP-2006. iii. The project proposed by the Petitioner constitutes a Themepark "Imagicaa" and Water Park "Aquamagica" was recognized as a "Mega Project" by....

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.... Committee to consider the aforesaid plea of the Petitioner. ix. On 6th March 2019, the High Level Committee recommended the State to refund the amount of SGST paid by the Petitioner in terms of the Entitlement Certificates held by the Petitioner under the Tourism Policy 2006. x. On 30th July 2019, in Writ Petition No. 3027 of 2018, this Court by an order of even date, directed the Respondents to take a decision within 12 weeks on the recommendations of the High Power Committee and decide whether to extend the benefit as suggested by the Committee. xi. On 4th March 2020, Respondent No. 4 issued GR No. TDC/2017/9/No.104/Tourism of even date accepting the recommendations of the High Power Committee and issued refund....

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....ioner i.e Imagicaa and Aquamagica. In the aforesaid representation, the Petitioner also requested for the SGST refund on gross basis to the Mega projects in line with Industries Policy, GST refund from the portion of CGST devolution to the State Government, charging electricity on Industrial rates to eligible Tourism projects and further interest payment on the delayed receipt of SGST refunds, considering that the earlier benefit was upfront. 4. In the aforesaid backdrop, we have heard learned Counsels for the parties. 5. The learned Counsel for the Petitioner submits that the present Petition primarily seeks extension of the benefits earlier granted to the Petitioner in the year 2013 and 2015, which were subsequently extended during ....