Adlabs Entertainment Limited Versus Union of India
GST
2018 (12) TMI 1353 – BOMBAY HIGH COURT – 2019 (27) G. S. T. L. 351 (Bom.)
BOMBAY HIGH COURT – HC
Dated:- 21-12-2018
WRIT PETITION NO. 3027 OF 2018
GST
AKIL KURESHI & M.S. SANKLECHA, JJ.
Mr. Abhishek Rastogi a/w Mr. Ankit Shah, Ms. Rashmi Deshpande i/by Khaitan & Co for the Petitioner
Mr. S.P. Bharti for Respondent No. 5
Mr. Himanshu Takke, AGP for Respondent Nos. 3 and 4
Mr. Pradeep S. Jetly a/w Mr. J.B. Mishra for Respondent Nos. 1 & 2
P.C.:
1. Petitioner, a limited company, has set up a theme park and water park at Khalapur, Maharashtra by making sizable capital investment. As a part of the tourism policy of the State Government, the petitioner was o
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he petitioner would now have to pay tax @ 18% of GST at par with other entities. According to the petitioner, this made the petitioner's business totally unviable. The petitioner had borrowed funds from banks and financial institutions for making capital investment which the petitioner was unable to repay on time.
3. Learned counsel for the petitioner submitted that the petitioner was granted incentive under the state tourism policy. The petitioner was unable to recover even its capital investment because the entire tax structure changed with the advent of GST. Under similar circumstances, the State of Rajasthan has issued notification granting partial relief to the similar industries. Learned counsel states that even the State of Utta
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