systems
integration, offshore development, product sustenance, project management
and implementation, upgrade and migration services, product testing and
certification, application testing, onsite technical support ... independent of its customers and ease of entry and switching evidenced by
migration of customers from one switch to another.
8.5. A correct delineation
Whether the cross subsidy surcharge is leviable on
change over consumers migrating from Reliance
Infrastructure Limited, the distribution licensee to Tata
Power Company, another distribution ... hereby rules as under in this regard:
a) Had there been no migration of consumers, and all
the consumers had continued to be connected
Cellular Operators Association Of ... vs Union Of India (Uoi) And Ors. [Alongwith ... on 8 August
wherein Tata Teleservices had conveyed their unconditional acceptance of the package for migration to NTP-99 regime in respect of the licence for basic services ... demand in respect of Karnataka Circle was not covered under the migration package, inasmuch as no migration package had been offered with respect to Karnataka
amount allegedly charged in excess by the respondent when the petitioner migrated into new regime under National Telecom Policy, 1999.
2. It was under ... enter the new regime envisaged in the new policy. For this purpose, migration package was offered to the petitioner and other service providers containing
cash deposits , During the assessment proceedings the
assessee stated that he had migrated from Pakistan to India on 17th of
March 2013 to permanently settle ... dated 20- 02-1969 the persons migrating from
West Pakistan(vide Ministry of Finance Press Note dated 03-02-
1969) can claim upto
since its beginning. The genesis of the dispute lies in the "migration
package" offered by the Government to the licensees by its decision ... licensees, without exception,
5
accepted the Government offer1. In pursuance of the migration package
that introduced the "revenue sharing regime" the licences were
2006.Assessee stated that granting of LND/DIL license merely amounted
to migration of IP-VPN services which was provided by BTGC from 2003
onward ... section
80IA(4)(ii) of the Act is silent on such migration of license. Thus, in
absence of such provision in the Act regarding allowance
past year's Revenue
gaps from consumers who choose to migrate to the
other Licensee.
(j) At this stage, the State Commission by Order ... State Commission dated 29.7.2011
holding that the consumers who have migrated to the
Page 11 of 64
APPEAL NO.294 OF 2013, APPEAL
these fresh bids but they were given an option as
under :-
a. Migrate to Phase - II policy regime with fresh term of 10 years
provided ... default of any other license conditions till the
date of migration to phase - II.
b. Continue to remain under Phase - I policy regime
c. Surrender
