Bombay High court sets aside Maharashtra government order on Jackson show
14 Apr 2011
Fifteen years after a 'charity concert' performance by Michael Jackson in Mumbai, the Bombay High court has set aside an order passed by the then ruling Shiv Sena- BJP government granting the organisers 100-per cent entertainment tax exemption.
A division bench of justices D K Deshmukh and Anoop Mohta yesterday directed the state government to reconsider an application filed by Wizcraft-the event management company that organised the concert-seeking exemption from entertainment tax and take it up afresh in accordance with the law.
The court held that the order passed by Sena-BJP government was without application of mind and passed with a mala fide intention to benefit Shiv Udyog Sena (SUS), a charitable trust run by the Shiv Sena.
Directing the government to decide on Wizcraft's application within eight weeks it said in case the state decided not to grant exemption, then the government would have to find out what amount was liable for payment of entertainment tax.
The Mumbai Grahak Panchyat had filed a petition in 1996 which had come up for hearing by the court. The concert had been organised by event management company Wizcraft in aid of the Shiv Udyog Sena at the Andheri Sports Club on 30 October and 1 November, 1996.
Terming the event, a ''classical show'', the state government granted 100 per cent entertainment exemption which was challenged by the Mumbai Grahak Panchayat.
