In September last year, the Supreme Court had given telecom service providers 10 years to clear the AGR dues to the government. Telecom operators are facing a lot of difficulties in paying AGR of Rs 93,520 crore.
In September last year, the Supreme Court had given telecom service providers 10 years to clear the AGR dues to the government.
The Supreme Court has said on Monday that it will issue orders on appeals of companies raising the issue of errors in calculation of Adjusted Gross Revenue by major telecom sector companies. The major telecom sector companies Vodafone Idea, Bharti Airtel and Tata Teleservices have raised this matter before the Supreme Court. These companies have said that there are mistakes in the calculation of the AGR that they have to pay and need to be rectified.
In September last year, the Supreme Court had given telecom service providers 10 years to clear the AGR dues to the government. Telecom operators are facing a lot of difficulties in paying AGR of Rs 93,520 crore. A bench headed by Justice LN Rao, referring to the earlier judgment given by the Supreme Court in this matter, said that there can be no re-assessment of AGR dues. The bench also includes Justice SA Nazeer and Justice MR Shah.
However, telecom companies said that these are mathematical mistakes that need to be corrected. In this, many entries are entered twice. Senior Advocate Mukul Rohatgi, appearing for Vodafone Idea, said that they are not blaming the Telecom Department for this, as these are mathematical errors. He said that he wants to place these entries before the Telecom Department so that it can reconsider it.
The bench also said that the Supreme Court had earlier said that it cannot be reassessed. Rohatgi said that many tribunals do not have the power to review, but they have the power to rectify mathematical errors. Senior Advocate AM Singhvi, appearing for Airtel said that there are cases of duplication of many entries. Also the payment that has been made is not shown. Singhvi said that the Telecom Department should consider these issues. “I would not like to pay thousands of crores of rupees on the basis of these mistakes,” he said.
Arvind Datar, counsel for Tata Teleservices, said that the errors in the calculations can be rectified. The bench said that it was only looking into the issue of stay on reassessment in this matter. After this, the bench asked Solicitor General Tushar Mehta, appearing for the Department of Telecom, about the issues raised by the telecom companies. Mehta said on this that he is not instructing him in this regard. “In a day or two, I will get concrete instructions on this,” he said.
After this the bench said that it will pass an order on this issue. In the matter of recovery of statutory dues on companies, the court had decided in September last year that the companies would deposit ten percent of the dues by March 31, 2021. She will deposit the remaining amount in monthly installments by March 2031.
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