IMAGICAAWORLD ENTERTAINMENT LIMITED (EARLIER KNOWN AS ADLABS ENTERTAINMENT LIMITED)versusUNION OF INDIA, THROUGH SECRETARY

                                                                                             909 WP 1571-25.DOC



LAXMI                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SUBHASH
SONTAKKE
                                       ORDINARY ORIGINAL CIVIL JURISDICTION
Digitally signed by
LAXMI SUBHASH
SONTAKKE
Date: 2026.03.04
10:48:42 +0530
                                             WRIT PETITION NO. 1571 OF 2025

                      Imagicaaworld Entertainment Limited                 ...Petitioner
                            Versus
                      Union of India & Ors.                               ...Respondents
                                                        _______
                      Mr. Abhishek Rastogi a/w Pooja Rastogi, Meenal Songire, Aarya More for
                      Petitioner.
                      Mr. Ram Ochani a/w Niyati Mankad for Respondent No.1 & 2.
                      Ms. Jyoti Chavan, Addl.G.P. a/w Amar Mishra, AGP for the State.
                      Mr. Amol Ghurde i/f. Pramod Kathane for Respondent No.5.
                                                             _______

                                                          CORAM:        G. S. KULKARNI &
                                                                        AARTI SATHE, JJ.

                                                          DATE:         12th FEBRUARY 2026

                      P.C.

                      1.            This Petition under Article 226 of the Constitution of India is filed

                      praying for the following substantive reliefs:-


                                “(a) direct Respondent Nos. 3 and 4 to consider additional refund,
                                proportionate CGST from 41 per cent of State’s share of devolution
                                of Central Tax as per 15 th 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 Respondent Nos. 3 and 4 to consider continuation of
                                SGST rebate/refund to the Petitioner in future Tourism Policy that


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          may be notified post expiry of the 2016 Tourism Policy, so that the
          Petitioner can recover balance incentives committed under EC-1
          and EC-2;or

          (d) direct Respondent Nos. 1 and 2 to consider granting
          rebate/refund of portion of CGST to the Petitioner out of the 9%
          CGST collected and paid by the Petitioner on sale of each ticket.”



2.         Mr. Rastogi, learned Counsel for the Petitioner has confined his

submissions to prayer clause (b) of the Petition. It is the Petitioner’s contention that

the time limit to fully realize tax exemptions to the tune of Rs. 825 crores granted

to the Petitioner in terms of the Entitlement Certificates issued by Respondent

No.5 prior to introduction of the Central Goods and Services Tax Act, 2017

(CGST Act) has expired in respect of its theme park (Imagicaa) on 14 th June 2025

and the exemption of water park (Aquamagica) expires on 31 st May 2027 and

hence the same be extended. The Petitioner has made representation for the same

and the same has not been decided yet.


3.         Briefly the facts are as under:-


i.      The Petitioner is a Public Limited company engaged in the business of

operating Theme Park and Water Park in Khalapur, Khopoli, Raigad under the

Entitlement Certificate number MTDC/2013/INCENTIVE/TP-2006/EC-44

dated 15th June 2013 (for Theme Park by the name “Imagicaa”) and Entitlement

Certificate number MTDC/2014/INCENTIVE/TP-2006/EC-54 dated 25 th 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



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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 Respondent

No.4.


iv.     On 15th June 2013, Respondent No.5 issued Entitlement Certificate-1 (EC-

1) for Theme Park (Imagicaa) with ET exemption of INR 724.39 crores for 10

years to recover the investment cost. On 31 st December 2014, the Petitioner

completed drawdown of loans from multiple banks and financial institutions to

fund the aforesaid projects.


v.      On 25th May 2015, Respondent No.5 issued Entitlement Certificate-2 (EC-

2) for Water Park (Aquamagica) with ET exemption of INR 101.06 crores for a

period of 10 years.


vi.     The Petitioners were entitled to ET exemption till 2026, as an Existing Unit

under the new policy issued vide GR No. TDS-2015/11/CP1021/Tourism

(Tourism Policy 2016) by bringing additional investments and jobs.


vii.    On 1st July 2017, the Goods and Services Tax (GST) was implemented and

ET was subsumed with no clarity in respect of the balance quantum of ET


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exemption which was given to the Petitioner by way of the aforesaid GRs. The rate

of tax was increased from 15% (ET) to 18% (GST). In further circumstances on

16th October 2017, the Punjab Government issued State Policy continuing ET

benefits for industries through SGST reimbursement mechanism.


viii.   On 15th October 2018, the Petitioner filed Writ Petition No. 3027 of 2018

before this Court seeking continuity of benefits under GST regime. This Court by

order dated 21st December 2018, issued an interim order directing the Respondents

to constitute a High Level 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 of amount of SGST paid by Petitioner.

In the year 2020, nation-wide lockdown was imposed due to the Covid-19

pandemic and the Petitioner’s themeparks i.e. Imagicaa and Aquamagica, remained

closed during that time. On account of the continued lockdown because of the


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Covid-19 pandemic, the Petitioner filed representations from time to time during

the year 2021 to 2022 before Respondent No.4 and also the Chief Minister of the

State of Maharashtra requesting them for an extension of the incentive period as

provided under the earlier GRs and also for a refund of 21% of CGST paid by the

Petitioner i.e. proportionate to the amount that has been devolved to the State of

Maharashtra from the Central Government.


xii.    The Petitioner also filed SGST refund applications on 27 th June 2023. On

31st October 2023, Respondent No.4 issued GR No. TDS 2022/08/PC

457/Tourism and extended incentive period starting from 1 st March 2020 to 31st

March 2022 by two years owing to the Covid-19 pandemic, however, the issue of

entitlement benefits on account of lower SGST rate of 9% as opposed to the ET

rate of 15% was not decided/addressed by Respondent No.4.


xiii.   On 11th January 2024, the Petitioner made a comprehensive representation

to the Principal Secretary, Department of Tourism and Cultural Affairs setting out

their grievances and further requesting for extension of the incentive period for the

declared eligible units and particularly in respect of the Themeparks of the

Petitioner 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.



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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 the COVID-19

pandemic. It is submitted by the Petitioner that the two theme parks, namely

Imagicaa and Aquamagica, are tourism-oriented establishments that significantly

contribute to the promotion and growth of the tourism industry. Grant of the

extension of incentive in question would further provide a substantial boost to

tourism. Accordingly, it was submitted that the Respondents and the State

Government ought to consider the Petitioner’s representation dated 11 th January

2024 and take an expeditious decision thereon.


6.         The learned AGP submitted that the Government will consider the

request as made by the Petitioner and decide as to whether the Petitioner is entitled

for the extension of incentives.


7.         In view of the aforesaid submissions made by the learned Counsel for

the Petitioner and the Respondents, we are of the opinion that in the peculiar

circumstances and considering the nature of the project as involved a policy

decision would be required to be taken which involves dialogue between

Ministries, specifically the Ministry of Tourism/Department of Tourism and

Cultural Affairs and the Ministry of Finance. Further both the said Ministries and

other concerned Ministries after collaboration need to take an appropriate decision,



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in respect of the Petitioner’s case as set on in the representation. We thus leave it to

the concerned Ministries to take an appropriate decision, after giving an

opportunity to the Petitioner to be heard and be represented before the concerned

Ministry. The following order shall, meet the ends of justice:-


                                        ORDER


a)      The    Respondents      to     decide      and   consider    the       Petitioner’s

representation/application dated 11th January 2024, as in accordance with law, as

expeditiously as possible, preferably within a period of two months from the date

this order is made available to the said Respondents by the Petitioner.


b)      The Petitioner shall be granted an opportunity of being heard prior to the

decision on the aforesaid representation being taken. The Petitioner is permitted to

file any further documents in respect to the issues as raised in the

representation/application dated 11th January 2024.


c)      All contentions of the parties are expressly kept open.


d)      The Petition stands disposed of in the aforesaid terms. No costs.


e)      We make it clear that we have not expressed any opinion on the merits of

the rival contentions.



        (AARTI SATHE, J.)                           (G. S. KULKARNI, J.)




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