Multiplex and theatre owners in Uttar Pradesh get relief under GST regime

The Uttar Pradesh government has decided to refund the state goods and services tax (SGST) imposed on mutliplexes and cinema theatres. 

In an order, the government has allowed the owners, who were part of grants-in-aid incentive schemes, to get these refunds, which would be made within a month of depositing the SGST with the department. The incentives were given to make up for investments made by the owners in the state.  

The owners had moved the Allahabad High Court, and its Lucknow bench, over the issue of including entertainment tax into GST. 

However, the owners are not happy since they will still have to cough up the central GST.

The move, they said, enabled the state to renege on its promise to allow them to keep the entertainment tax collected from cinemagoers for five years under the incentive schemes.

Abhishek Rastogi, counsel of the petitioners and partner at Khaitan & Co, said the petitions would be suitably amended to claim refund of CGST as well. 

“The quantum of benefit is limited as only the state government has announced the refunds. Most of the multiplexes have invested huge money," he said. 

Rastogi said the second round of litigation will soon start in Allahabad high court and its Lucknow bench after doing appropriate number crunching. 

Ashok Goel, managing director of GNG Mall, which among others filed the petitions, said the benefit announced was not sufficient and multiplexes in UP were facing tough times. 

Similar petitions were filed in Jodhpur high court and its Jaipur bench in Rajashtan and Mumbai high court in Maharashtra.