9911796707
TMI Blog2017 (3) TMI 908X X X X Extracts X X X X X X X X Extracts X X X X ..... d, the Tribunal has declined to accept the claim of ₹ 59,328/- which was made by the respondent towards service tax. The TDSAT has ruled that the same had been erroneously charged and accordingly declined to allow the same. As the respondent has not preferred any appeal with regard to such non-allowance of the claim, we need not revert to the same. As far as the quantification of the amount payable by the appellant to the respondent is concerned, that has been appositely done as is manifest from the factual analysis and hnce, does not require any interference. Levy of interest the interest should be reduced to 12% per annum and accordingly it is directed that the amount awarded by the TDSAT along with 12% interest be computed and b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the disconnection was justified inasmuch the appellant was put to notice by the service provider. That apart, it also held that the disconnection had been done in terms with the stipulations in the agreement and the claim of the company for damages was absolutely unjustified. Adverting to the counter claim lodged by the respondent, the TDSAT referred to the amount due from the appellant, various cheques issued from time to time, the clauses in the Memorandum of Understanding and opined that it was entitled to ₹ 25,60,006/-. Thereafter, the TDSAT referred to clause 16(c) which reads as follows:- The Broadcaster agreeds to make the payment promptly and not later than 15 days of the due date. In case of delay in payments, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ipulates that the broadcasters shall be liable to pay interest @ 18% per annum. Mr. Arvind Verma, learned senior counsel for the appellant submitted that the interest amount may be reduced keeping in view the financial condition of the appellant. Ms. Ruchika Goyal, learned counsel appearing for the respondent opposed the same. Having considered the submissions of learned counsel for the parties, we think, in the facts and circumstances of the case, the interest should be reduced to 12% per annum and accordingly it is directed that the amount awarded by the TDSAT along with 12% interest be computed and be paid to the respondent within eight weeks hence. Needless to say, if there is any amount deposited with the respondent towards security ..... X X X X Extracts X X X X X X X X Extracts X X X X
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