TATA COMMUNICATIONS LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner who is an ISP licensee and inter alia carries on business of internet telephone has filed this petition claiming inter alia the following reliefs: -

(2.) THE assessment of License fee is based upon Audited AGR Statement and Annual Report of M/s Direct Internet (P) Ltd. The assessment has been determined on the basis of declaration of revenue made by the Company in its statement of accounts submitted in this office. Services Area Year AGR Revenue Share Due Revenue Share Due Difference (C -D)Interest on delayed Interest adjusted Penalty and interest on Total Dues (A) (B) (C) (D) (E) (F) (G) (H) (I) All India 2005 -06 94,49 1 5,669 - 5,669 4,548 - 4,80 7 15,0 25 2006 -07 56,86 ,353 3,41,181 - 3,41,181 2,12,7 27 - 2,66 ,708 8,20, 617 Total 57,80 ,844 3,46,851 - 3,46,851 2,17,2 76 2,71 ,515 8,35, 642 E and OE Total amount payable: 8, 35,642

(3.) ALONG with the said letter a detailed calculation sheet showing computation of the AGR and interest thereon was annexed. The said bill also contains the calculation of interest to the extent of Rs. 2,12,727/ - as well penalty for sums containing the following details: - Interest due as on 31.01.2011 2,12,727 Principal due as on 31.01.2011 3,41,181 Total due as on 31.01.2011 5,53,908 Penalty and interest on penalty 2,66,708 Total Dues as on 31.01.2011 8,20,617