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Dec 30, 2019

SC judgment in the matter of Union of India v. Association of Unified Telecom Service Providers of India

In its judgment dated October 24, 2019 in Union of India v. Association of Unified Telecom Service Providers of India etc.[1], SC has set aside the decision of the Telecom Dispute Settlement Appellate Tribunal dated April 23, 2015 which had given its interpretation to the terms ‘gross revenue’ and ‘adjusted gross revenue’ as defined under the Unified Access Service License (‘UASL’). While doing so, the SC allowed the appeals filed by the DoT and set aside the cross appeals filed by the Telecom Service Providers (‘TSPs’). The TSPs were found to be in default in payment of license fee as demanded by the DoT, in terms of the UASL, and SC held that interest and penalty had been rightly levied upon the TSPs over and above the license fee that was charged. The TSPs have been granted 3 months’ time from October 24, 2019 to deposit the amounts due to the DoT.

[1] Union of India v. Association of Unified Telecom Service Providers of India, Civil Appeal Nos. 6328­-6399 of 2015 (SC)

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