Supreme Court ready for hearing on amendment petition of telecom companies on AGR
Supreme Court ready for hearing on amendment petition of telecom companies on AGR
Next week hearing
In the Adjusted Gross Revenue (AGR) case, the Supreme Court has agreed to hear the amendment petition in the Supreme Court of the telecom companies soon.
On Tuesday, Chief Justice SA Bobde said that next week, the bench of Justice Arun Mishra, who will give its verdict in the case, will hear the petition. Meanwhile, senior lawyers Abhishek Manu Singhvi and CA Sundaram appearing for the telecom companies said that they are not challenging the decision. The companies are in talks with the central government for payment schedules.
Actually the telecom companies have filed the amendment petition in the Supreme Court. In the petition, the companies have requested the Supreme Court to amend their order in which they were instructed to repay the entire amount by 23 January to the Center.
Next week hearing
In the Adjusted Gross Revenue (AGR) case, the Supreme Court has agreed to hear the amendment petition in the Supreme Court of the telecom companies soon.
On Tuesday, Chief Justice SA Bobde said that next week, the bench of Justice Arun Mishra, who will give its verdict in the case, will hear the petition. Meanwhile, senior lawyers Abhishek Manu Singhvi and CA Sundaram appearing for the telecom companies said that they are not challenging the decision. The companies are in talks with the central government for payment schedules.
Actually the telecom companies have filed the amendment petition in the Supreme Court. In the petition, the companies have requested the Supreme Court to amend their order in which they were instructed to repay the entire amount by 23 January to the Center.
Petition for schedule for payment
In their petition, the companies have requested the court to amend their earlier order and give relief to the telecom companies to prepare the schedule for the central government's direct payment.
Actually on 16 January, the telecom companies were dealt a big blow. The Supreme Court had dismissed the reconsideration petitions of the telecom companies. According to the court's decision, the telecom companies have to pay the dues by 23 January.
In fact, on 22 November 2019, telecom service providers Bharti Airtel, Voda-Idea and Tata Teleservices filed a review petition in the Supreme Court regarding the Supreme Court's decision.
The petition requested the Supreme Court to reconsider the October 24 judgment that included non-telecom income in the AGR.
The three companies had separately appealed to the Supreme Court to waive the penalty and interest as well as the interest imposed on the fine in the separate reconsideration petitions.
The amount of the fine imposed by the DoT was also challenged in the petition.
Significantly, on 24 October, the telecom service provider companies received a major setback from the Supreme Court when the Supreme Court allowed the Central Government's petition to recover an adjusted gross revenue (AGR) of about Rs 92,000 crore from the telecom companies. Granted permission.
The three-judge bench headed by Justice Arun Mishra upheld the definition of adjusted gross revenue constituted by the Department of Telecommunications (DoT). "We have assumed that the definition of AGR will prevail," the bench said, adding that the bench also comprised Justices SA Nazir and MR Shah.
The top court reading the operative part of the judgment said,
"We have allowed the appeal of the Department of Telecommunications and dismissed the appeal of the licensees (Telecom)." The apex court said that it has rejected all other submissions of telecom companies. It states that service providers must pay fines and interest to the DoT.
The bench made it clear that there would be no further litigation on the issue. Three months were given for the calculation and payment of the outstanding amount by the telecom companies.
In July, the Center had told how much dues the Center had told the apex court that license fees of over Rs 92,000 crore have so far been owed to Bharti Airtel, Vodafone and major private telecom firms like state-owned MTNL and BSNL.
In an affidavit filed in the apex court, DoT said that as per the calculations, Airtel has to pay Rs 21,682.13 crore as license fee to the government. DoT said that Vodafone owes Rs 19,823.71 crore, while Reliance Communications owes a total of Rs 16,456.47 crore.
BSNL owes Rs 2,098.72 crore, while MTNL owes Rs 2,537.48 crore.
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