TATA TELESERVICES LTD. versus BHARAT SANCHAR NIGAM LTD. AND ORS.

TATA TELESERVICES LTD. versus BHARAT SANCHAR NIGAM LTD. AND ORS.

The service instrument 'Walky' offered by the appellant during the period 14.11.2004 to 26.8.2005 falls into the category of WLL(M) services due to mobility features, thereby attracting levy of Access Deficit Charges (ADC), and TRAI's clarificatory circular did not alter the licence terms or reclassify services unilaterally.

Parties
Appellant: Tata Teleservices Ltd.; Respondent: Bharat Sanchar Nigam Ltd.; Respondent: Department of Telecommunication (DoT)
Jurisdiction
India
Judgment Date
30 April 2008
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeals dismissed
Legal Topics
Interconnection Usage Charges, Access Deficit Charges, Service Classification, Regulatory Clarifications
Telecommunications Administrative Law Taxation Interconnection Usage Charges Access Deficit Charges Service Classification Regulatory Clarifications

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Tata Teleservices Ltd.

Appellant

Bharat Sanchar Nigam Ltd.

Respondent

Department of Telecommunication (DoT)

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether the services provided under 'Walky' fall in the category of WLL(M) service for the purpose of levying Access Deficit Charges (ADC)
  2. 2 Whether TRAI's Circular dated 4.3.2005 reclassified 'Walky' services and altered licence terms unilaterally
  3. 3 Whether ADC could be levied on 'Walky' services for the period in question

Ratio Decidendi

The service instrument 'Walky' offered by the appellant during the period 14.11.2004 to 26.8.2005 falls into the category of WLL(M) services due to mobility features, thereby attracting levy of Access Deficit Charges (ADC), and TRAI's clarificatory circular did not alter the licence terms or reclassify services unilaterally.

Court Disposition

Appeals dismissed

Orders

  • Appellants liable to pay ADC for 'Walky' services for period 14.11.2004 to 26.8.2005
  • No order as to costs