The Supreme Court on Monday stated it will cross orders on functions filed by telecom majors — Vodafone Idea, Bharti Airtel and Tata Tele Services Ltd — elevating the difficulty of alleged errors in calculation within the determine of Adjusted Gross Revenue (AGR) associated dues payable by them.
The apex court docket in September final yr had given 10 years time to telecom service suppliers struggling to pay rupees 93,520 crores of AGR associated dues to clear their excellent quantity to the federal government.
A bench headed by Justice L N Rao referred to the sooner order handed by the apex court docket within the matter and noticed that they stated no re-assessment of AGR associated dues might be performed.
However, the businesses submitted that arithmetical errors might be rectified and there are instances of duplication of entries.
Senior advocate Mukul Rohatgi, showing for Vodafone Idea, stated they weren’t blaming the Department of Telecommunications (DoT) for it as there are arithmetical entries.
He stated they need to place the entries earlier than the division in order that they will re-consider it.
The bench additionally noticed that the highest court docket had earlier stated that there cannot be any re-assessment.
Rohatgi stated figures will not be solid in stone and a number of other tribunals do not have the facility of overview however they do have the facility to right arithmetical errors.
Allow me to position these entries earlier than DoT and allow them to take a name on this, he stated, making it clear that they weren’t searching for any extension of time.
Senior advocate A M Singhvi, showing for Airtel, stated there are instances of duplication and likewise of funds made however not accounted for.
He stated these points ought to be thought-about by the DoT.
I do not need to pay 1000’s of crores on account of these errors, he stated.
Senior advocate Arvind Datar, showing for Tata Tele Services Ltd, stated rectification of errors in calculation might be performed.
The bench noticed that it was solely wanting on the bar on re-assessment which was imposed by earlier orders.
The bench then requested Solicitor General Tushar Mehta, who was showing for the DoT, in regards to the difficulty raised by these telecos.
I need to level out that I haven’t got the directions on this, he stated, including that he can take directions on this inside two days.
It could also be little hazardous for me to make assertion with out taking directions. Within a day or two, I’ll get concrete directions, he stated.
After listening to the submissions, the bench, additionally comprising justices S A Nazeer and M R Shah, stated it will cross order on the difficulty.
The high court docket stated another functions, together with these elevating the query whether or not airwaves or spectrum might be transferred or offered by telecos as half of their belongings, can be heard after two weeks.
In its September final yr order, the apex court docket had stated that telecom operators shall make the fee of 10 per cent of the entire dues as demanded by DoT by March 31, 2021 and relaxation quantity to be paid in yearly instalments commencing from April 1, 2021 to March 31, 2031.
The high court docket, which had held that demand raised by the DoT in respect of AGR dues will likely be remaining, had stated there shall be no dispute raised by the telcos and that there shall not be any re-assessment.
The apex court docket had in October 2019 delivered its verdict on the AGR difficulty.
The DoT in March final yr had moved a plea within the high court docket searching for permission for permitting staggered fee of the dues by telcos over a interval of 20 years.
