\"\"
<\/span><\/figcaption><\/figure>Mumbai: The telecom tribunal has dismissed Internet service provider<\/a> (ISP<\/a>) Netmagic<\/a> Solutions' plea to prevent the Department of Telecommunications (DoT<\/a>) from seeking adjusted gross revenue (AGR) dues based on the Supreme Court’s October 2019 order, saying the top court ruling clearly stated that ISPs were covered under the order.

The Telecom Disputes Settlement & Appellate Tribunal (
TDSAT<\/a>) order dated November 19 deals a big blow to all such Internet companies that will now need to pay the statutory dues like mobile phone operators Vodafone<\/a> Idea and Bharti Airtel. The SC has allowed telcos — facing cumulative dues of more than Rs 1.6 lakh crore — a 10-year window to pay their balance AGR dues<\/a> in annual instalments till March end 2031. Whether this payment relaxation will be applicable to ISPs as well isn’t yet clear.

According to
industry<\/a> and telecom department estimates, more than 35 ISPs owe roughly Rs 18,000 crore as AGR dues, including penalties and interest, to the government. However, there may be many other smaller ISPs not accounted for in the list.

\"The main issue in respect of definition of AGR now stands decided by the apex court and para 174 of the judgement clearly includes the licences of the Internet service providers ... so far as grievances of the petition that no separate discussion has been made in respect of provisions of the IP licences are concerned, the issue does not survive for this tribunal because of the findings given by the apex court,\" the TDSAT said in its order.

\"The provisions in the agreement governing interest and the penalty were held applicable and justified as per the 2019 judgement by the apex court. Hence this tribunal does not find any good ground to interfere in the matter,\" it said.

The ‘Para 174’ referred to by the TDSAT is from the Supreme Court's October 24, 2019 verdict, which said income from licensed activities and even from non-licensing activities and any other miscellaneous revenue of the licensee must be included while calculating the AGR. Licence holders have to pay about 8% of AGR to the DoT as licence fees.

The order led to the DoT raising demands for thousands of crores in additional licence fees, interest and penalties based on the order, on even non-telecom state-run companies and ISPs that held telecom licences. But the SC has since clarified that non-telecom PSUs were not covered by the order. ISPs have meanwhile written to the Prime Minister’s Office, saying that they should be kept out of the ambit of the order.

In its petition, Netmagic had urged the TDSAT to restrain the DoT from demanding payment of additional licence fee at a rate of more than 6%. The company also sought a refund of Rs 2.16 crore that it said \"only paid under protest”.

Read also<\/h4>
<\/a><\/figure>
AGR verdict only a finite relief, tariff revival crucial: Telecom carriers<\/a><\/h5><\/div>
<\/a><\/figure>
DoT seeks legal opinion on AGR payment timeline<\/a><\/h5><\/div><\/div><\/div>
The company highlighted that ISPs should be allowed a level playing field like the PSUs. However, the DoT countered, saying PSUs were not in the business of mobile services to the general public, unlike ISPs.

\"According to him (government counsel), the petitioners are rendering service under the licence to the general public and, therefore, it would not be proper to apply the same principle for granting any relief to the petitioner,\" the order observed.

While dismissing the petition, the TDSAT allowed Netmagic to raise any calculation errors of the additional licence fees with the DoT. “…and if such grievance is raised, the same shall be considered on its own merit and decided expeditiously in accordance with law,” it said.

Netmagic had also argued that it held licences as an Internet service provider and hence no additional licence fee could be demanded from it on the basis of the SC judgement.

It claimed that the definition of gross revenue in its licence was different from the licences of telcos and that, even after the SC judgement, issues related to AGR definition “in the licence remained open for consideration by the tribunal”.

The company added that DoT's demands were “arbitrary”, “motivated only to garner more revenue” and would be detrimental to the common man accessing the Internet and “hence cannot be said to be based on the correct interpretation of the licence\".

<\/body>","next_sibling":[{"msid":79361008,"title":"Drupal fixes critical bug allowing hackers to access websites","entity_type":"ARTICLE","link":"\/news\/drupal-fixes-critical-bug-allowing-hackers-to-access-websites\/79361008","category_name":null,"category_name_seo":"telecomnews"}],"related_content":[{"msid":"73273673","title":"India's telecom sector in a rewind; everything from AGR, BSNL revival, 5G, IUC to tariff hikes in 2019","entity_type":"PHOTOGALLERYSLIDESHOWSECTION","seopath":"slide-shows\/indias-telecom-sector-in-a-rewind-everything-from-agr-bsnl-revival-5g-iuc-to-tariff-hikes-in-2019","category_name":"Slide-Shows","synopsis":"ETT brings a slideshow on Indian telecom sector developments in 2019","thumb":"https:\/\/etimg.etb2bimg.com\/thumb\/img-size-3313303\/73273673.cms?width=150&height=112","link":"\/slide-shows\/indias-telecom-sector-in-a-rewind-everything-from-agr-bsnl-revival-5g-iuc-to-tariff-hikes-in-2019\/73273673"}],"msid":79361129,"entity_type":"ARTICLE","title":"TDSAT dismisses ISP Netmagic\u2019s plea against DoT\u2019s AGR demand","synopsis":"According to industry and telecom department estimates, more than 35 ISPs owe roughly Rs 18,000 crore as AGR dues, including penalties and interest, to the government. However, there may be many other smaller ISPs not accounted for in the list.","titleseo":"telecomnews\/tdsat-dismisses-isp-netmagics-plea-against-dots-agr-demand","status":"ACTIVE","authors":[{"author_name":"Devina Sengupta","author_link":"\/author\/479212895\/devina-sengupta","author_image":"https:\/\/etimg.etb2bimg.com\/authorthumb\/479212895.cms?width=100&height=100","author_additional":{"thumbsize":false,"msid":479212895,"author_name":"Devina Sengupta","author_seo_name":"devina-sengupta","designation":"Senior Assistant Editor","agency":false}}],"analytics":{"comments":0,"views":1880,"shares":0,"engagementtimems":8869000},"Alttitle":{"minfo":""},"artag":"ETTelecom","artdate":"2020-11-23 08:32:36","lastupd":"2020-11-23 08:32:36","breadcrumbTags":["DoT","Netmagic AGR","Netmagic","TDSAT","isp","Industry","Internet Service provider","agr dues","telecom news","Vodafone"],"secinfo":{"seolocation":"telecomnews\/tdsat-dismisses-isp-netmagics-plea-against-dots-agr-demand"}}" data-authors="[" devina sengupta"]" data-category-name="" data-category_id="" data-date="2020-11-23" data-index="article_1">

TDSAT驳斥了ISP Netmagic对需求点的AGR的请求

根据行业和电信部门估计,超过35 isp欠AGR费大约18000卢比,包括罚款和利息,政府。然而,可能有许多其他较小的isp不占在列表中。

Devina森古普塔
  • 发布于2020年11月23日08:32点坚持
阅读: 100年行业专业人士
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孟买:电信法庭驳回互联网服务提供商(ISP)Netmagic解决方案的请求阻止电信部()寻求调整总收入(AGR)费根据最高法院的2019年10月订单,说最高法院裁决明确表示,互联网服务供应商下了订单。

电信纠纷解决和上诉法庭(TDSAT)订单日期为11月19日交易的一个很大的打击,这些互联网公司,现在需要支付法定会费像移动电话运营商沃达丰(Vodafone)想法和Bharti Airtel。面临的SC允许电信公司——累积费超过十万的1.6卢比,10年期窗口支付平衡AGR费年分期付款,直到2031年3月结束。这是否支付放松也会适用于互联网服务提供商目前尚不清楚。

广告
根据行业和电信部门估计,超过35 isp欠AGR费大约18000卢比,包括罚款和利息,政府。然而,可能有许多其他较小的isp不占在列表中。

”方面的主要问题的定义AGR现在决定审判的法院和帕拉174显然包括互联网服务提供商的牌照…只要不满的请愿书,不单独讨论了IP牌照的规定而言,这个问题没有生存的法庭因为发现给定顶点法院,“TDSAT说秩序。

“协议中规定管理利益和刑罚适用和合理的按照举行2019顶法院审判。因此,法庭没有找到任何好的地面干涉此事,”它说。

TDSAT“Para 174”指的是最高法院的10月24日,2019年的裁决,称收入从许可活动甚至non-licensing活动和其他杂项收入计算AGR时被许可方必须包括。许可证持有人必须支付大约8%的AGR点许可费。

订单导致点提高要求数千卢比在额外的许可证费用,利息和罚金基于秩序,甚至non-telecom国营公司和互联网服务提供商电信牌照。但SC已经澄清,non-telecom电源没有覆盖的秩序。互联网服务提供商同时写信给总理办公室,说他们应该保持订单的范围。

广告
在它的请愿书,Netmagic敦促TDSAT阻止点要求支付额外的许可证费用超过6%的速度。该公司还寻求退款2.16卢比,它说“只有在抗议”。

读也


该公司强调,isp应该允许一个公平竞争的环境吧。然而,点反驳,说电源没有业务的移动服务公众,与互联网服务提供商。

“根据他(政府法律顾问),许可证下的上访者渲染服务公众,因此,它不会正确的运用同样的原则给予任何救援请愿者,“订单。

驳回申请的时候,TDSAT允许Netmagic提出任何额外的许可证费用的计算错误点。“…,如果这样的委屈,同样应当被认为是对自己的价值和决定依法迅速,”它说。

Netmagic也认为它持有牌照作为互联网服务提供商,因此没有额外的执照费可以从它的基础上要求SC的判断。

它声称总收入的定义从电信公司的执照和许可证是不同的,即使在SC判断,相关问题AGR定义“许可证仍然开放的考虑由法庭”。

该公司还说,点的要求是“任意”、“动机只是为了获得更多的收入”,并将有害于普通人访问互联网和“因此不能说正确的解释的基础上牌照”。

  • 发布于2020年11月23日08:32点坚持
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\"\"
<\/span><\/figcaption><\/figure>Mumbai: The telecom tribunal has dismissed Internet service provider<\/a> (ISP<\/a>) Netmagic<\/a> Solutions' plea to prevent the Department of Telecommunications (DoT<\/a>) from seeking adjusted gross revenue (AGR) dues based on the Supreme Court’s October 2019 order, saying the top court ruling clearly stated that ISPs were covered under the order.

The Telecom Disputes Settlement & Appellate Tribunal (
TDSAT<\/a>) order dated November 19 deals a big blow to all such Internet companies that will now need to pay the statutory dues like mobile phone operators Vodafone<\/a> Idea and Bharti Airtel. The SC has allowed telcos — facing cumulative dues of more than Rs 1.6 lakh crore — a 10-year window to pay their balance AGR dues<\/a> in annual instalments till March end 2031. Whether this payment relaxation will be applicable to ISPs as well isn’t yet clear.

According to
industry<\/a> and telecom department estimates, more than 35 ISPs owe roughly Rs 18,000 crore as AGR dues, including penalties and interest, to the government. However, there may be many other smaller ISPs not accounted for in the list.

\"The main issue in respect of definition of AGR now stands decided by the apex court and para 174 of the judgement clearly includes the licences of the Internet service providers ... so far as grievances of the petition that no separate discussion has been made in respect of provisions of the IP licences are concerned, the issue does not survive for this tribunal because of the findings given by the apex court,\" the TDSAT said in its order.

\"The provisions in the agreement governing interest and the penalty were held applicable and justified as per the 2019 judgement by the apex court. Hence this tribunal does not find any good ground to interfere in the matter,\" it said.

The ‘Para 174’ referred to by the TDSAT is from the Supreme Court's October 24, 2019 verdict, which said income from licensed activities and even from non-licensing activities and any other miscellaneous revenue of the licensee must be included while calculating the AGR. Licence holders have to pay about 8% of AGR to the DoT as licence fees.

The order led to the DoT raising demands for thousands of crores in additional licence fees, interest and penalties based on the order, on even non-telecom state-run companies and ISPs that held telecom licences. But the SC has since clarified that non-telecom PSUs were not covered by the order. ISPs have meanwhile written to the Prime Minister’s Office, saying that they should be kept out of the ambit of the order.

In its petition, Netmagic had urged the TDSAT to restrain the DoT from demanding payment of additional licence fee at a rate of more than 6%. The company also sought a refund of Rs 2.16 crore that it said \"only paid under protest”.

Read also<\/h4>
<\/a><\/figure>
AGR verdict only a finite relief, tariff revival crucial: Telecom carriers<\/a><\/h5><\/div>
<\/a><\/figure>
DoT seeks legal opinion on AGR payment timeline<\/a><\/h5><\/div><\/div><\/div>
The company highlighted that ISPs should be allowed a level playing field like the PSUs. However, the DoT countered, saying PSUs were not in the business of mobile services to the general public, unlike ISPs.

\"According to him (government counsel), the petitioners are rendering service under the licence to the general public and, therefore, it would not be proper to apply the same principle for granting any relief to the petitioner,\" the order observed.

While dismissing the petition, the TDSAT allowed Netmagic to raise any calculation errors of the additional licence fees with the DoT. “…and if such grievance is raised, the same shall be considered on its own merit and decided expeditiously in accordance with law,” it said.

Netmagic had also argued that it held licences as an Internet service provider and hence no additional licence fee could be demanded from it on the basis of the SC judgement.

It claimed that the definition of gross revenue in its licence was different from the licences of telcos and that, even after the SC judgement, issues related to AGR definition “in the licence remained open for consideration by the tribunal”.

The company added that DoT's demands were “arbitrary”, “motivated only to garner more revenue” and would be detrimental to the common man accessing the Internet and “hence cannot be said to be based on the correct interpretation of the licence\".

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