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

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.