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Judgment
Learned counsel for the petitioner places reliance upon earlier order of this Tribunal in the case of petitioner itself and submits that a similar order may be passed in the present matter also because issues and the facts are almost similar. The earlier order dated 20.7.2018 (Annx. P-1) has been passed in TP No. 116 of 2018 preferred by the petitioner Corporation against Department of Telecommunications (DoT), Government of India.
Learned counsel for the petitioner prays for and is permitted to amend the memo of parties so as to implead DoT, Government of India (GoI) as respondent no. 1. The present respondent shall be renumbered as respondent no. 2. Let that be done by filing an amended memo of parties within one week. That shall be taken on record.
Today nobody has appeared on behalf of Union of India/GoI particularly, because only an official of DoT has been made a respondent. Petitioner is permitted to serve a copy of this petition on Mr. Tamta, Advocate who generally appears for DoT in such matters.
An Order like one dated 20.7.2018 is being passed today in view of submissions that the matters are similar but the interim order may be reconsidered on the next date after notice is served on the respondent.
Admit. Issue notice. Dasti and email in addition.
Petitioner's grievance is in respect of demand of license fees on the basis of AGR for financial years subsequent to 2015-16. The impugned demands are contained in Annx. P-2, P-3 and P-4 which are letters of the years 2019, 2020 and 2021.
It is Petitioner's case is that they have paid the admitted license fees and the demand on the basis of AGR inlcudes income from other non telecom business activities, which is impermissible for various reasons including a recent stand taken by UoI in similar matters in respect of PSUs. Petitioner claims itself to be a State Government Undertaking.
Post the matter under the head "for directions" on 25.1.2022.
It is expected that respondent shall appear by that date alongwith instructions on the pleas raised in this petition. Notice shall be served on the other side alongwith a copy of the paper book.
Till the next date, no coercive action shall be taken against the petitioner for realisation of impugned demands contained in Annx. P-2, P-3 and P-4.