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2017 (12) TMI 1448 - HC - Indian LawsRefund of license fee paid - Termination of licenses granted - cancellation of entry permits - termination on the ground of failure of the petitioners to supply information demanded from them and for non payment of licence fee which was claimed with retrospective effect from 1979 - Held that: - the petitioners paid the amount at the rate of 2% without any demur from 4th October 1995. Moreover, there is no challenge to the demand made at the rate of 2% from the aforesaid date. However, for a period prior to the said date, no such demand can be validly made. The demand of licence fee at the rate of 10% from 3rd September 1984 is lawful. However, there is no legal basis for increasing the same to 11% till 26th December 2001. The second respondent is justified in demanding the licence fee at the rate of 15% from 1st July 2007. If there is any subsequent increase, there is no specific challenge to the same in the petition. Thus, the first respondent was entitled to recover licence fee at the rate of 10% of the annual turnover from 3rd September 1984 till 26th December 2001 - The second respondent is justified in demanding the licence fee at the rate of 15% from 1st July 2007. The first respondent was not competent to demand licence fee at the rate of 2% for the period prior to 4th October 1995. The first respondent was entitled to recover licence fee at the rate of 10% of the annual turnover from 3rd September 1984 till 26th December 2001. From 26th December 2001, the recovery at the rate of 11% was lawful. From 1st July 2007, the levy at the rate of 15% is justified. We, therefore, propose to direct the Director of Civil Aviation to appoint a competent officer to make an adjudication on the question whether the petitioners have recovered the aforesaid amounts paid to the first or second respondents, from the companies or airlines which employed the third petitioner. Only if the petitioners satisfy the competent officer that the amounts have not been recovered from third parties, the petitioners will be entitled to refund. Even, the computation of the amount of refund with interest will have to be made by the said officer. The refund will carry interest at the rate of 6% per annum from the respective dates of payment.
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