2018 (12) TMI 1353 – BOMBAY HIGH COURT – TMI – Repayment of borrowed funds – entertainment tax – Held that:- The issue is required to be examined at the highest level before the Government. We request the Government i.e the Chief Secretary to constitute a High Level Committee which would besides others, comprise of Principal Secretary of Finance and the Secretary of Tourism Department – appeal allowed by way of remand. – WRIT PETITION NO. 3027 OF 2018 Dated:- 21-12-2018 – 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
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t tax was subsumed. The GST currently prescribed is @ 18%. As a result of these changes, according to the petitioner, two things happened. First is, since the entertainment tax was abolished, the incentive offered to the petitioner no longer survived. Secondly, the 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
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tten to the Government taking up the cause of the petitioner. 4. In our opinion, the issue is required to be examined at the highest level before the Government. We request the Government i.e the Chief Secretary to constitute a High Level Committee which would besides others, comprise of Principal Secretary of Finance and the Secretary of Tourism Department. An authorized representative of the petitioner may also be given a chance of representation and if needed, be given personal hearing by such committee. The petitioner would make a representation to the Committee through Secretary of Tourism which may be done latest by 5.1.2019. 5. The conclusions of the Committee in the form of recommendations may be placed before the Government. The sa
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