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2017 Supreme(Del) 536

BADAR DURREZ AHMED, SANJEEV SACHDEVA
DELHI INTERNATIONAL AIRPORT P. LTD. – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
For the Petitioner:Mr. Jayant Bhushan, Sr. Advocate with Mr. Tarun Gulati, Mr. Sparsh Bhargava, Mr. Shashi Mathews, Mr. Ankit Sachdeva, Mr. Rony John and Ms. Rachana Yadav
For the Respondent:Mr. Sanjay Jain, ASG with Mr. Anil Soni, CGSC and Mr. Rajul Jain, Mr. Sumit Misra and Mr. Naginder Benipal, Advocates, Mr. Parag P. Tripathi, Sr. Advocate with Mr. Anil Kathwaria and Mr. Kunal Bahri

JUDGMENT :

SANJEEV SACHDEVA, J.

1. These petitions inter-alia seek the relief of declaration that the provisions of Section 65(90a) and Section 65(105)(zzzz) of the said Finance Act, 1994 as amended by Finance Act, 2007 are ultra-vires Entry 18 Entry 45 and Entry 49 of List-II of Schedule VII of the Constitution of India and/or Entry 92-C read with Entry 97 of List-I of Schedule VII of the Constitution of India and/or Articles 14, 19(1)(g), 265 and 300A of the Constitution of India and/or Section 66 of the Finance Act, 1994;

2. Further a Writ of Prohibition is sought, prohibiting the Respondents or their servants, agents and subordinates from, directly or indirectly giving effect to the impugned provisions i.e. Section 65(90a) read with Section 65(105)(zzzz) of the Finance Act, 1994 as amended by Finance Act, 2007 and from charging and collecting Service Tax on the Annual Fee payable by the Petitioners (i.e. Delhi International Airport P. Ltd. {DIAL for short}, petitioner in W.P. (C) 2516/2008 & Mumbai International Airport P. Ltd {MIAL for short}, petitioner in W.P. (C) 2707/2008) to the Respondent no.4 (Airports Authority of India {AAI for short});

3. Further, quashing and setting as







































































































































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