A.S. Oka, J.

1. The question involved in this writ petition under Article 226 of the Constitution of India is as under:

“Whether Local Body Tax (LBT) under clause (aaa) of Sub-Section (2) of Section 127 of the Maharashtra Municipal Corporations Act, 1949 is recoverable on SIM cards, recharge coupons and e-recharge on its entry into municipal limits of a Municipal Corporation?”

2. With a view to appreciate the submissions made across the bar, a brief reference to few factual aspects of the case will be necessary. The first respondent is a Municipal Corporation constituted under the Maharashtra Municipal Corporations Act, 1949 (for short “the said Act”). The petitioner is engaged in the business of providing telecommunication services including the mobile telephone services.

3. By a License Agreement dated 28th September 2001 entered into between the Hon'ble President of India through the Department of Telecommunications, Ministry of Communication, Government of India on one part and the petitioner company on the other part, a licence was granted to the petitioner under section 4 of the Indian Telegraph Act, 1885 to set up and operate cellular mobile phone services in Mumbai an