In Brief
This case involved a dispute over unauthorized use of telecommunications bandwidth by Tech Mahindra Business Services Ltd. The Department of Telecommunications issued a demand for Rs. 6.11 crores as loss, including license fee, penalty, and interest. The Telecom Disputes Settlement and Appellate Tribunal held that using 2005 ceiling tariff rates in a falling-rate regime was unjustified and that UASL license penalties could not be applied to an OSP registration holder without clear statutory authority. The Supreme Court upheld this reasoning and disposed of the appeal, allowing the Department thirty days to produce statutory materials supporting its authority to levy penalties, with liberty to seek tribunal review thereafter.
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