Dhaka, May 10 (BDNEWS) – The High Court Wednesday declared illegal the imposition of Tk 1,200 as additional Value Added Tax (VAT) on the Subscribers Identity Module (SIM) card and collection of this money by the Teletalk Bangladesh Ltd and the government.
Upon a writ petition filed by six lottery winner subscribers of the Teletalk Bangladesh Ltd, a state-owned mobile operator, a division bench of the High Court comprising Justice Awlad Ali and Justice Zinat Ara delivered the judgment with making the rule absolute.
The High Court bench also declared the SRO and the order issued by Teletalk and the government demanding Tk 1,200 as additional VAT illegal.
Advocate Idrisur Rahman, who moved for the writ petitioners before the High Court, Wednesday told BDNEWS that all the subscribers of the Teletalk will get the benefit of the High Court judgment.
On June 9, 2005, the Teletalk Bangladesh Ltd issued an SRO with a condition that the subscribers will have to pay Tk 1,200 more with Tk 1,800, the previous rate for every SIM card and an advertisement on a notice in this regard was also published on June 13.
The lottery was drawn on May 22 and the lottery winners were provided winner cards through forms on May 23. About 20,000 lottery winners were given SIM cards on Tk 1800 for a single card, it has been submitted.
On June 18, 2005, six subscribers – Advocate Syed Ziaul Hasan, Shariar Parveen, advocate Selim Ahsan Khan, Mohammad Amir Hamja Khan, Rubina Yeasmin and M Sarowere Alam filed a writ petition as a Public Interest Litigation (PIL) in the High Court challenging the validity of issuing the SRO and notice imposing Tk 1,200 as Value Added Tax (VAT) on the SIM cards by Teletalk and the government.
After hearing the writ petition the High Court, on June 21, 2005, issued a rule upon the Teletalk Bangladesh Ltd and the government authorities to show cause as to why they should not be directed to sell every SIM card of Teletalk to the subscribers at the cost of Tk 1800.
The court also asked the respondents to show cause as to why the SRO and order issued by them imposing Tk 1,200 as Value Added Tax (VAT) on the SIM cards should not be declared illegal.
Secretaries to the ministries of Finance and Telephone and Telegraph, Chairman of National Board of Revenue (NBR), second secretary of Value Added Tax (VAT), Commissioner of Custom, Excise and VAT Commissionerate, Dhaka (North) and Managing Director of Teletalk have been made respondents in the petition.
Advocate Idrisur Rahman, assisted by Advocate Abdul Mannan Khan, Advocate Mohammad Shahidul Islam, Advocate Protikar Chkma and Advocate Amatul Kabir moved for the petitioners before the court, while Attorney General (AG) AJ Mohammad Ali assisted by Deputy Attorney General (DAG) Mohammed Abdul Baset for the state and Barrister Abdur Razzak for the NBR.
BDNEWS/1900 hrs
