Commercial Taxes Department Commercial Tax Officer vs. Reliance Communications Infrastructure Ltd

Court:Supreme Court of India
Judge:Hon'ble S. Ravindra Bhat
Case Status:Disposed
Order Date:12 Aug 2016
CNR:SCIN010377522012

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21 Aug 2015

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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

PETITION FOR SPECIAL LEAVE TO APPEAL (C) NOS. 13390, 33108, 39487, 39492, 39494, 39497 OF 2013, 2481, 2939, 2940, 2943, 2944, 2945, 2949, 2950 OF 2014, 25462, 25461 ,25468 & 26814 OF 2015, 6163 OF 2016, 1655116555, 1655716562, 23093, 23094, 23095, 23096, 23097, 30984, 30985, 33099, 33102 & 40117 OF 2012, 5244, 5879, 5880, 10543, 10880, 11718, 13390, 39483, 39484, 39485, 39486, 39490, 39491, 39495, 39498 & 39499 OF 2013, 2479, 2941, 2942, 2946, 29472948 OF 2014 AND 25469 & 24548 OF 2015 WITH

PRAYER FOR INTERIM RELIEF

Asst. Commr.(CTII) & Ors. ........Petitioners

Versus-

Bharati Airtel Ltd. & Ors. .........Respondents

OFFICE REPORT

S.L.P. © NOS. 33108, 39486, 39487, 39489, 39492, 39494 & 39497 OF 2013, 2481, 2939, 2940, 2943, 2944, 2945, 2949, 2950 OF 2014, 25461, 25462, 25468, 25469, 24548 & 26814 OF 2015 AND 6163 OF 2016

The office report was listed before the Ld. Registrar's Court on 5 th July, 2016 (Copy of record of proceedings is enclosed herewith).

S.L.P. © No. 13390 of 2013

There are three respondents in the instant matter. Respondent No. 1 is represented by Mr. Praveen Kumar, Advocate but he has not filed Counter Affidavit so far. A.D. Card duly signed has been received from Respondent No. 2 but no one has entered appearance so far.

It is submitted that fresh show cause notice was issued to unserved respondent No. 3 by registered A.D. Post on 14th June, 2016. Neither A.D. Card nor unserved cover containing the notice has been received back from respondent No. 3 so far. However, as per postal enquiry conducted notice has been delivered to respondent No. 3. No one has entered appearance so far.

Service of notice is complete.

S.L.P. © No. 33108 of 2013

There is sole respondent in the instant matter.

It is submitted that fresh show cause notice was issued to sole respondent by registered A.D. Post on 14th June, 2016. A.D. Card duly signed has been received from sole Respondent but no one has entered appearance so far.

Service of notice is complete.

S.L.P. © No. 39487 OF 2013

There are three respondents in the instant matter. Respondent No. 1 is represented by Mr. Praveen Kumar, Advocate but he has not filed Counter Affidavit so far.

It is submitted that fresh show cause notice was issued to respondent Nos. 2 & 3 by registered A.D. Post on 1 st July, 2016. Neither A.D. Card nor unserved cover containing the notice has been received back from respondent No. 2 so far. Unserved cover has been received back from respondent No. 3 Viz. Union of India with postal remarks "incomplete address without department refused". Since, the matter has arisen out of common judgment, Union of India is already represented by Mr. B.K. Prasad, Advocate in S.L.P. © No. 39492, 39494 & 39497 of 2013. Hence, Service of notice may be treated as complete on respondent No. 3.

S.L.P. © No. 39492 AND 39494 OF 2013

There are three respondents in the instant matter. Respondent No. 1 is represented by Mr. Punit D. Tyagi, Advocate, respondent No. 2 is represented by Mr. B.K. Prasad, Advocate but they have not filed Counter Affidavit so far. A.D. Card duly signed has been received from Respondent No. 3 but no one has entered appearance so far.

Service of notice is complete.

S.L.P. © No. 39497 OF 2013

There are three respondents in the instant matter. Respondent No. 1 is represented by Mr. Punit D. Tyagi, Advocate, respondent No. 2 is represented by Mr. B.K. Prasad, Advocate but they have not filed Counter Affidavit so far. Fresh show cause notice has been issued to respondent No. 3 on 1 st July, 2016. Neither A.D. Card nor unserved cover containing the notice has been received back from respondent No. 3 so far.

Service of notice is incomplete on respondent No. 3.

S.L.P. © No. 39489 of 2013

There are three respondents in the instant matter. Respondent No. 1 is represented by Mr. Punit D. Tyagi, Advocate, but he has not filed Counter Affidavit so far. A.D. Card duly signed has been received from Respondent No. 3 but no one has entered appearance so far.

Fresh show cause notice has been issued to respondent No. 2 on 17th June, 2016. Unserved cover has been received back from respondent No. 2 Viz. Union of India with postal remarks "incomplete address without department refused". Since, the matter has arisen out of common judgment, Union of India is already represented by Mr. B.K. Prasad, Advocate in S.L.P. © No. 39492, 39494 & 39497 of 2013. Hence, Service of notice may be treated as complete on respondent No. 2.

S.L.P. © Nos. 1655116555 OF 2012

There is common sole respondent in the instant matters who is represented by Mr. D.

Mahesh Babu, Advocate. He has filed Counter Affidavit on behalf of the said respondent. Service of notice is complete.

S.L.P. © Nos. 1655716562 OF 2012

There are five respondents in the instant matter. All the Respondents are represented by Mr. D. Mahesh Babu, Advocate, and he has filed Counter Affidavit on their behalf. Service of notice is complete.

S.L.P. © Nos. 23093, 23094, 23095, 23096 & 23097 OF 2012

There is sole respondent in the instant matters who is represented by M/s. Rajiv Tyagi & Associates, Advocates. Counter Affidavits have been filed in the respective SLPs.

Service of notice is complete

S.L.P. © No. 30984 and 30985 OF 2012

There is sole respondent in the instant SLPs. A.D. Card duly signed has been received from sole respondent in the instant SLPs but no one has entered appearance on their behalf so far.

Service of notice is complete.

S.L.P. © No. 33099 & 33102 of 2012

There are three respondents in the instant matters. Respondent No. 1 is represented by Mr. R. Chandrachud, Advocate and he has filed counter affidavit on behalf of the said respondent in both the SLPs. Respondent Nos. 2 & 3 are represented by Mr. B.K. Prasad, Advocate but he has not filed counter affidavit on behalf of the said respondents so far.

Service of notice is complete.

S.L.P. © No. 40117 of 2012

There is sole respondent in the instant matter who is represented by Mr. Mohit D. Ram, Advocate but no counter affidavit has been filed so far.

Service of notice is complete.

S.L.P. © No. 5244 of 2012

There are two respondents in the instant matter. Respondent No. 1 is represented by Mr. Shradul Shroff, Advocate and he has filed counter affidavit on behalf of the said respondent. Respondent No. 2 is served with notice but no one has entered appearance on behalf of the said respondent so far.

Service of notice is complete.

S.L.P. © No. 5879 of 2012

There is sole respondent in the instant matter who has been served with notice but no one has entered appearance on behalf of the said respondent so far.

Service of notice is complete.

S.L.P. © No. 5880 of 2012

There is sole respondent in the instant matter who has been served with notice but no one has entered appearance on behalf of the said respondent so far.

Service of notice is complete.

S.L.P. © No. 10543 of 2013

There is sole respondent in the instant matter who has been served with notice but no one has entered appearance on behalf of the said respondent so far.

Service of notice is complete.

S.L.P. © No. 10880 of 2013

There are three respondents in the instant matter. Respondent No. 1 is represented by Mr. Praveen Kumar, Advocate, Respondent Nos. 2 and 3 are represented by Mr. B.K. Prasad, Advocate but no one have filed counter affidavits on behalf of the said respondents so far.

Service of notice is complete.

S.L.P. © No. 11718 of 2013

There is a sole respondent in the instant matter who is represented by Mr. Rajiv Tyagi, Advocate and he has filed counter affidavit on behalf of the said respondent.

Service of notice is complete.

S.L.P. © No. 39483 , 39484 & 39485 of 2013

There is sole respondent in the instant matters who is represented by Mr. Rajiv Tyagi , Advocate. Counter Affidavits have been filed in the respective SLPs.

Service of notice is compelte

S.L.P. © No. 39486 of 2013

There are two respondents in the instant matters, respondent No. 1 is represented by Mr. Punit D. Tyagi, Advocate, but he has not filed counter affidavit so far. Respondent No. 2 is Union of India, neither A.D. Card nor unserved cover containing the notice has been received back so far. Since, the matter has arisen out of common judgment, Union of India is already represented by Mr. B.K. Prasad, Advocate in S.L.P. © No. 39492, 39494 & 39497 of 2013. Hence, Service of notice may be treated as complete on respondent No. 2.

S.L.P. © No. 39490 of 2013

There is sole respondent in the instant matters who is represented by Mr. E.C Agrawala, Advocate. But no Counter Affidavit has been filed so far.

Service of notice is complete.

S.L.P. © No. 39491 of 2013

There are three respondents in the instant matter. Respondent No. 1 is represented by Mr. Praveen Kumar, Advocate, but he has not filed counter affidavit so far. Respondent No. 2 has been served a notice but no one has entered appearance so far. Neither A.D. Card nor unserved cover containing the notice has been received back from respondent No. 3/Union of India so far. Since, the matter has arisen out of common judgment, Union of India is already represented by Mr. B.K. Prasad, Advocate in S.L.P. © No. 39492, 39494 & 39497 of 2013. Hence, Service of notice may be treated as complete on respondent No. 3.

Service of notice is complete.

S.L.P. © No. 39495 of 2013

There is sole respondent in the instant matters who is represented by Mr. E.C Agrawala, Advocate. But no one has filed Counter Affidavit so far.

Service of notice is complete.

S.L.P. © No. 39498 of 2013

There is sole respondent in the instant matter who has been served with notice but no one has entered appearance on behalf of the said respondent so far.

Service of notice is complete.

S.L.P. © No. 39499 of 2013

There is sole respondent in the instant matters who is represented by Mr. E.C Agrawala, Advocate. But no one has filed Counter Affidavit so far.

Service of notice is complete.

S.L.P. © No. 2481 OF 2014

It is submitted that counsel for the petitioner has on 28th July, 2016, filed affidavit of service alongwith proof of service which show that notice has been served to the sole respondent on 13th July, 2016 but no one has filed Vakalatnama/Appearance on behalf of sole respondent so far. Service of notice is complete.

S.L.P. © No. 2939 AND 2949 OF 2014

It is submitted that show cause notice was issued to unserved common respondent Nos. 2 and 3 by special messenger on 16th June, 2016 and the said notice has been delivered on R. No. 3 on 21st June, 2016. Service of notice is complete in respect of of R. No. 3.

It is further submitted that postal enquiry has been made in respect of respondent No. 2 and Postal report has not been received from the postal department in respect of common respondent No. 2 so far.

S.L.P. © No. 2944 OF 2014

It is submitted that M/s. Rajiv Tyagi & Associates, Advocates has on 5 th July, 2016 filed Vakalatnama/Appearance on behalf of respondent No. 4, but has not filed Counter Affidavit so far.

It is further submitted that postal enquiry has been made in respect of respondent No. 3 and postal report shows that notice has been served to the said respondent on 16th June, 2016, but no one has filed Vakalatnama/Appearance on behalf of the said respondent so far. Service of notice is complete.

S.L.P. © No. 2940, 2943 & 2945 OF 2014

It is submitted that show cause notice was issued to common unserved respondent Nos. 2 & 3 by registered A.D. Post on 14th June, 2016 in all the matters. Neither A.D. Card nor unserved cover containing the notice has been received back from common respondent Nos. 2 & 3 so far.

It is further submitted that postal enquiry has been made in respect of respondent Nos. 2 & 3 and postal report shows that notice has been served to respondent No. 3 on 17th June, 2016, but no one has filed Vakalatnama/Appearance on behalf of the said respondent so far. Postal report has not been received from the postal department in respect of respondent No. 2.

S.L.P. © No. 2950 OF 2014

It is submitted that show cause notice was issued to unserved respondent No. 1 on 14th June, 2016 by registered A.D. Post. Neither A.D. Card nor unserved cover containing the notice has been received back from respondent No. 1 so far.

It is further submitted that postal enquiry has been made in respect of respondent No. 1 and Postal report has not been received from the postal department in respect of respondent No. 1 so far.

S.L.P. © No. 2942 AND 2946 OF 2014

It is submitted that these matter falls under complete category.

S.L.P. © No. 2479 & 2941 OF 2014

It is submitted that A.D. Card duly signed has been received back from the sole respondent in both the matters but no one has filed Vakalatnama/Appearance on behalf of the said respondent so far. Service of notice is complete.

S.L.P. © No. 29472948 OF 2014

It is submitted that Counsel for the sole respondent has not filed Counter Affidavit so far.

SLP © NO. 24548 , 25469 & 25461 OF 2015

It is submitted that the matters fall under complete category.

SLP © NO. 25462 OF 2015

It is submitted that counsel for the respondent No. 1 has not filed counter affidavit so far.

It is further submitted that counsel for the petitioner has not taken any fresh steps to serve notice to the unserved respondent No. 2 so far. The counsel for the petitioner has not filed application for amendment of cause title as respondent No. 1 Company's name has been changed from Vodafone Essar South Ltd. to Vodafone South Ltd. as per the rubber stamp affixed in the Vakalatnama/Appearance.

SLP (C) NOS. 25468 OF 2015

It is submitted that counsel for the respondent No. 1 has not filed counter affidavit so far.

It is further submitted that counsel for the petitioner has not taken any fresh steps to serve notice to the unserved respondent No. 2 so far. No one has filed Vakalatnama/Appearance on behalf of respondent No. 3 though served with a notice.

SLP (C) NOS. 26814 OF 2015

It is submitted that counsel for the petitioner has not taken any fresh steps to serve notice to the unserved sole respondent so far.

S.L.P. © No. 6163 OF 2016

It is submitted that Counsel for the sole respondent has not filed Counter Affidavit so far.

The office report is listed before the Ld. Registrar Court. Dated this the 11th day of August, 2016.

ASSISTANT REGISTRAR

Copy to :

    1. Mr. Rajiv Tyagi & Associates, Advocate L29, Kailash Colony, New Delhi – 48
    1. Mr. D. Mahesh Babu, (Standing Counsel for State of A.P. Bhawan, 1 Ashoka Road. )
    1. Mr. Suresh Shroff & Co., Advocate 216, Amarchand Tower, Okhla Industrial Estate. Phase III,New Delhi.
    1. Mr. Praveen Kumar, Advocate 230, M.C. Setalvad, Lawyer's Chamber.
    1. Mr. E.C. Agrawala, Advocate
    1. Mr. Punit Dutt Tyagi, Advocate
    1. M/s. Venkat Palwai Law Associates, Advocates
    1. Mr. B.K. Prasad, Advocate Central Agency Section.

ASSISTANT REGISTRAR

c1

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