24 years on, Maharashtra may okay waiver for Michael Jackson concert

State revenue department proposal likely to come up when state Cabinet meets today; it seeks waiver of entertainment duty and release of the amount to the organisers of the concert

The Maharashtra cabinet is likely to take up on Wednesday a proposal regarding a Michael Jackson concert held in the state capital way back in 1996. The proposal seeks waiver of Rs3.4 crore entertainment duty and release of the amount to the organisers of the late pop singer’s concert.

Late pop singer Michael Jackson. (File photo)

The concert was organised on November 1, 1996, by Raj Thackeray-led Shiv Udyog Sena and the then Shiv Sena-BJP state government had granted waiver of Rs3.4 crore in entertainment duty to them. However, the waiver amount was deposited in the court’s treasury after it was challenged in Bombay high court by Mumbai Grahak Panchayat the same year.

The state revenue department has now prepared a proposal for a decision on the waiver. It is of the opinion that the state has discretionary powers under Section 6(3) of the Maharashtra Entertainment Duty Act 1923 to grant the waiver. It has now left it to the state cabinet to decide whether to uphold the previous Sena-BJP government’s decision or make the changes. It has also taken an opinion from the law and judiciary department before moving the proposal before the cabinet, said a senior official from the state revenue department.

“We have taken an opinion from the law and judiciary department, which states that the waiver was granted according to the law. The organisers have also requested the state government to release the amount,” he said.

The then Shiv Sena-BJP government had granted the waiver from the entertainment duty to the concert on the grounds that the profit will be used for charity purposes.

However, in April 2011, a division bench of the Bombay high court slammed the state government for “non-application of mind” and set aside its order for exemption from the entertainment duty. It has further asked the state government to reconsider its decision.

Interestingly, the proposal is again coming for discussion before the state cabinet headed by Shiv Sena chief Uddhav Thackeray.