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Supreme Court of India 2018-10-03 disposed

Union of India vs Tech Mahindra Business Services Ltd. (Formerly Known as Hutchinson Global Services Ltd.)

Bench: 2 — Kurian

In Brief

Tech Mahindra Business Services Ltd. was issued a notice by the Department of Telecommunications demanding payment of Rs. 6.11 crores as loss for unauthorized use of end-to-end bandwidth, calculated using 2005 ceiling rates with UASL license interest and penalties. The Telecom Disputes Settlement and Appellate Tribunal found the calculation erroneous in a falling-rate regime and improper to apply UASL provisions to an OSP-registered entity. The Supreme Court disposed of the appeal, holding the DoT failed to place material supporting its authority to levy such penalties before the Tribunal, and directed it to seek review if such material exists.

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Telecom Regulation Administrative Law Penalty and Interest Telecommunications Licensing Appellate Jurisdiction OSP Licensing

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