EX-4.2(I) 3 d271580dex42i.htm EX-4.2(I) EX-4.2(I)

Exhibit 4.2(i)

 

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Agreement No: INSAT-ST21 Ku 10 TH 1 02 / 2015 Dated December 04, 2015 Amendment No.1 dated June 24, 2016 (Revision in Withholding Tax Percentage) Whereas DOS entered into an Agreement No: INSAT-ST2 1Ku 10 TH 102/ 20 15 dated December 04, 2015 with Videocon d2H Limited (hereinafter referred to as CUSTOMER”), for the provision of 2x36 MHz of Ku band space segment on INSAT-ST2 satellite for meeting its DTH requirements. AND NOW WHEREAS, the Central Board of Direct Taxes, Government of India has amended the Income-tax Rules, 1962, to include “37BC. Relaxation from deduction of tax at Higher rate under section 206M- vide Notification no. 53/2016 ,F.No.370 142116/2016-TPL. This amendment effective from June 24, 2016, provides a relaxation from deduction of withholding tax at higher rates under Section 206M, by virtue of which, the applicable Withholdi ng tax to Singtel in respect of space segment charges is currently 10%. The reduction in WHT component has a direct bearing on the applicable space segment charges levied to the CUSTOMER. Accordingly , both the parties in considerations of the mutual covenants in the original Agreement have now agreed to amend the Agreement with effect from June 24, 2016 as under; 1. The Withholding Tax applicable to Singtel, the satellite operator, shall stand amended from 20% of the transponder provisioning charges to 10% of the transponder provisioning charges. 2. Replace Article 5h, Fees and Charg es of the Agreement with - “At the time of signing this agreement, CUSTOMER shall submit an irrevocable bank guarantee from a nationalized bank or scheduled commercial bank of good national repute for a value of USD 732,780 in equivalent INR rupees,(equivalent to 25% of annual provision charges) for the block of 2X36 MHz. Such a Bank Guarantee shall be valid for a term of entire agreement term with a claim period of an additional three months. For this purpose. SSC includes Space Segment charges, applicable taxes and interest, if any for delayed remittance of SSC. CUSTOMER shall appropriately revise the bank guarantee value proportionately in accordance with increases/decrease in bandwidth or increase/decrease in provisioning rates in future. 3 Replace Article 6c.Taxes and Duties, Para 2, of the Agreement with - -As per existing provisions of the Income Tax Act, 1961, DOS through Antrix is required to deduct and withhold tax on amounts payable to Singtel under its Agreement with Singtel, as aforesaid. DOS/Antrix is required by law, to deduct and withhold income tax at source on such payments to Singtel at the prevalent rates, (10% of the transponder provisioning charges with effect from June 24, 2016). The Parties unconditionally agree that theamount/quantum of income tax that is required to be deducted at source, by DOS/Antrix, shall be paid by the CUSTOMER to DOS/Antrix, over and above the full transponder. provisioning charges and Antrix Contra ct Management Charges agreed between, Parties as per this Agreement. DOS/Antrix shall invoice the CUSTOMER on the full transponder provisioning cost, as applicable and the CUSTOMER shall be liable to pay


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the entire amounts under the Invoice to Antri x. For avoidance of any doubt, the CUSTOMER shall pay DOS/Antox an Indian Rupee (INR) equivalent of USS 2950 per MHz per month, at the foreign exchange rate prevalent at the time of payment for the sub provisioning of 2X36 MHz Transponder capacity on ST-2, which includes the full cost of the transponder capacity, reimbursement of Income Tax Withholding and Antrix Contract Management fees.” 4. Replace Exhibit B Payment Schedule, Preamble of the agreement with - “Use of capacity on INSAT- ST2 satellite system : Bandwidth Service Term Revised Price Due date of Payment (USD/MHz/Month) In advance , by the December 04,2015 fifteenth (15-) day of the 2x36 MHz To 3318 month in question, for the June 23, 2016 provision of capacity for that respective month In advance, by the June 24, 2016 fifteenth(15” ) day of the 2x36 MHz To 2950 month in question, for the December 03,2018 provision of capacity for that respective month Note: Payments to Antnx shall be made In INR, at th e prevailing Customs notified FE rate, as per the details pro vided in the invoice.” 5. Replace SI. NO.1 of Tenns, Payment Schedule, Exhibit B of the Agreement with “ Upon signing of the agreement. CUSTOM ER shall submit an irrevocable bank guarantee from a nationalized bank or scheduled commercial bank of good national repute for a value of USC 732,780 in equivalent INR rupees,(equivalent to 25% of annual provision charges) for the block of 2X36 MHz. Such a Bank Guarantee shall be valid for a term of entire agreement term with a claim period of an additional three months. For this purpose, SSC includes Space Segment charges, applicable taxes and interest, if any for delayed remittance of ssc. CUSTOMER shall appropriately revise the bank guarantee value proportionately in accordance with increases/decrease in bandwidth or increase/decrease in provisioning rates in future” 6. Replace 51. No.5 of Terms, Payment Schedule, Exhibit B of the Agreement with “ With effect from June 24, 2016, the above price includes Withholding tax at the currently applicable rate at 10% and Antrix Contract Management charges at 7.5%.” 7. All other terms and conditions remain unchanged. For and On behalf of DEPARTMENT OF SPACE For and On behalf of CUSTOMER Authorised signatory Date 3/11/16 For and On behalf of CUSTOMER Authorised signatory with seal Date