New Delhi: The Supreme Court has restrained the Uttar Pradesh government from taking steps against Tata Teleservices in recovering more than Rs16.67 lakh on account of allegedly deficient stamp duty payable on lease agreements for installing its (the firm’s) networks.
A Bench headed by Justice SH Kapadia, while disposing of the Tatas’ application on Friday, asked the company to produce original sample documents relating to rental agreements with private persons for installing mobile towers on their roofs before the Commissioner of Stamps, who would decide the issue in four weeks.
Earlier, the Allahabad High Court had dismissed the company’s plea seeking quashing of the impugned order of the Commissioner, Meerut, that directed the authorities to take suo motu action against the firm under Sections 33 and 47A of the Act.
“We direct Tata Teleservices to move the Commissioner of Stamps within a period of two weeks, enclosing a sample document in original, seeking opinion of the commissioner under Section 31 of the Stamp Act. The commissioner will decide the matter within four weeks therefrom.
Since the petitioner has taken a fair stand, we are of the view that, at this stage, no coercive steps for recovery of penalty, including demand, shall be taken.”