Hcl Comnet Systems & Services Ltd Vs Union Of India Union Of India

Telecom Disputes Settlement And Appellate Tribunal 11 Mar 2022 Telecom Petition No.138 Of 2015 With Misc. Application No. 95 Of 2015 (2022) 03 TDSAT CK 0040
Bench: Division Bench
Result Published

Judgement Snapshot

Case Number

Telecom Petition No.138 Of 2015 With Misc. Application No. 95 Of 2015

Hon'ble Bench

Shiva Kirti Singh, Chairperson; Subodh Kumar Gupta, Member

Advocates

Shally Bhasin, Prateek Gupta, Anwesha Padhi, Basava Prabhu Patil, Ankit Anandraj Shah

Final Decision

Allowed

Judgement Text

Translate:

Heard learned counsel for the petitioners and learned counsel for the respondent, Mr. Dhruv Tamta. It appears that counsels for both the parties are

ad-idem that matters are covered by a recent judgment dated 28.2.2022 passed by this Tribunal in RA No. 7 of 2020 arising from TP No. 56 of 2020

(Netmagic Solution Pvt. Ltd. Vs Union of India) and other connected matters.

In view of the above factual and legal position, the petitions are allowed and disposed of to the extent relief has been granted in the case of

Netmagic Solution Pvt. Ltd. As a result, the impugned demand of license fees etc. raised upon the petitioner by the DoT by including revenue from

non license activities in AGR on the basis of judgment dated 19.11.2020, are set aside.

The Respondent will have the liberty to raise revised demand by treating the petitioners at par with the other PSUs having license to provide internet

services.

The Petitions are allowed to the aforesaid extent but there shall be no order as to costs.

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