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High Court of Bombay Allows Trade Union's Writ Petition, Sets Aside Tribunal Award Denying Industrial Dispute Jurisdiction. Telecom Department and MTNL Held to be 'Industry' under Section 2(j) of Industrial Disputes Act, Following Supreme Court Decision Overruling Earlier Precedents.

The writ petition was filed by the Bombay Telephone Canteen Employees Association, a trade union, challenging the award dated 12 June 1996 passed by t...

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Bombay High Court Allows BSNL's Petition Against MSEDCL for Wrongful Tariff Categorization Under Electricity Act, 2003. Telecom Service Provider Cannot Be Classified as 'Commercial' for Electricity Tariff Purposes; MERC Must Determine Correct Category.

The Petitioner, Bharat Sanchar Nigam Ltd. (BSNL), a telecom service provider and a central public sector enterprise, filed a writ petition under Artic...

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Bombay High Court Quashes One-Time Spectrum Charge on Cellular Operators for Spectrum Beyond 6.2 MHz, Holding No Statutory Power Under Telegraph Act, 1885 to Impose Retrospective Charges

The case involved a writ petition filed by major cellular mobile service operators, Bharti Airtel Limited and Vodafone Idea Limited, challenging the i...

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High Court Quashes Panchayat Notice Against Telecom Tower Operator for Lack of Authority Under Karnataka Panchayat Raj Act, 1993. Panchayat Cannot Interfere with Licensed Telecom Infrastructure Sharing as It Falls Under Indian Telegraph Act, 1885 and DoT Guidelines.

The petitioner, Tower Vision India Private Limited, a company registered under the Companies Act and licensed by the Ministry of Communications, Depar...

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Karnataka High Court Dismisses Telecom Companies' Appeals, Upholding Tax Deduction at Source Under Section 194H on Discounts to Distributors. Relationship Between Telecom Companies and Distributors Held to Be Principal-Agent, Making Discounts Liable as Commission for Tax Deduction Purposes.

Multiple telecom companies, including Bharti Airtel Limited, Vodafone Essar South Limited, and Tata Teleservices Limited, filed appeals under Section ...

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High Court of Karnataka Dismisses Telecom Companies' Appeals on Section 194H TDS Liability Against Distributors. Discounts to Channel Partners Held as Commission, Mandating Tax Deduction Under Agency Relationship.

The High Court of Karnataka heard a batch of appeals by telecom companies challenging Income Tax Appellate Tribunal orders confirming their liability ...

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Supreme Court Dismisses Appeal in Telecom Infrastructure Charges Case Over Retrospective Application. Appellant's Circular Increasing Charges from 2009 Held Invalid as Yearly Payments Are Made Upfront, Making Retrospective Burden Unreasonable Under Interconnection Agreements.

The dispute arose from appeals filed by Bharat Sanchar Nigam Ltd. challenging a judgment by the Telecom Disputes Settlement and Appellate Tribunal. Th...

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Presidential Reference Made to Supreme Court Seeks Advisory Opinion on Telecom Licences and Spectrum Allocation Policies. Reference Under Article 143(1) Recites Historical Grant of Licences from 1994 to 2008 Including First-Come-First-Served and Revenue Share Regimes.

Background: The President of India made a reference under Article 143(1) of the Constitution on 12.04.2012, seeking the advisory opinion of the Suprem...

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High Court of Karnataka at Bangalore Hears Appeals by Telecom Companies Against Income Tax Department on TDS Liability. Multiple Appeals Filed Under Section 260-A of Income Tax Act, 1961 Challenging ITAT Orders for Assessment Years 2005-06 to 2008-09.

The High Court of Karnataka at Bangalore heard a batch of Income Tax Appeals filed by telecom companies under Section 260-A of the Income Tax Act, 196...