Jas 09

Page 107

108 9) Payment of revenue sharing TOT submitted a claim to the Thai Arbitration Institute, seeking the return from TT&T of the excess revenue sharing that TT&T had received from TOT under the Joint Operate and Joint Investment Agreement, amounting to Baht 700 million, together with interest. The management of TT&T believes that the claimed amount is the excise tax that TT&T deducted from the revenue sharing with TOT and submitted to the Excise Department, in compliance with a 2003 Cabinet resolution. As the respondent, TT&T received a copy of the complaint and submitted a request to the Thai Arbitration Institute for an extension of the time for submission of its response. The Thai Arbitration Institute granted TT&T an extension until 9 May 2008. TT&T submitted a statement to the Thai Arbitration Institute requesting that it cease consideration of this dispute, and the Thai Arbitration Institute ordered such cessation pursuant to Section 90/12(4) of the Bankruptcy Act B.E. 2483, until the cause of the cessation is resolved. When the consideration of the dispute can proceed, the parties to the dispute should inform the Thai Arbitration Institute. c) TT&T earns income from other value added services, such as T-Pin, T-SMS and ADSL, etc, for which the rates of income sharing are pending agreement, and under negotiation, with TOT. Therefore, TT&T has recorded the income sharing at the same rates applied to the value added services or at the rate initially agreed with TOT.


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