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The Supreme Court on Tuesday asked Department of Telecommunication (DoT) not to invoke bank guarantee given by Bharti <keyword id="15491" type="General" weightage="20" keywordseo="airtel" source="Orion">Airtel</keyword> for a period of three weeks for not clearing Videocon Telecommunications Ltd's adjusted gross revenue (AGR) dues of over Rs 1,300 crore. A bench headed by Justices L. Nageswara Rao and comprising Justices S. Abdul Nazeer and M. R. Shah declined to entertain Airtel's plea challenging the DoT demand, but it allowed the telecom firm to approach the appropriate forum against the government decision. Senior advocate Shyam Divan, representing Bharti Airtel, argued that his client received a communication on August 17, saying the firm must make payment and if it fails to do so, then there is a possibility of invoking various bank guarantees. He contended that Rs 18,000 crore dues have already been paid by the telecom company, according to the top court's order and there is another figure, which is attributed to Videocon Telecommunications. He added that there is a particular spectrum traded by Videocon to Airtel and citing the spectrum trading guidelines, he added the seller shall clear all dues prior to concluding any agreement for spectrum trading. "The liability is of Videocon... full liability of the seller," submitted Divan. Divan argued that by adding the dues of Videocon to the demand made from Airtel, the DoT has violated the apex court's order that AGR dues cannot be recalculated or reassessed. The top court said it will not interfere with its order, rather it will grant liberty to Airtel to move any other alternate forum to redress its grievances. Divan said that the alternate forum will be the Telecom Disputes Settlement and Appellate Tribunal (TDSAT). Earlier this year, in an affidavit filed before the Supreme Court on the status of statutory dues paid by telecom operators, the DoT said it is planning to slap Videocon Telecommunications Ltd's AGR dues over Rs 1,300 crore on Bharti Airtel. Videocon Telecommunications had sold spectrum of 30 MHz to Bharti Airtel in 2016. Concluding the hearing, the top court allowed Airtel to withdraw the application and also restrained the DoT from invoking its bank guarantees for 3 weeks. According to the Centre's calculations, the total AGR liability of Bharti Airtel is Rs 43,980 crore, Vodafone Idea's is Rs 58,254 crore, Tata group's is Rs 16,798 crore, BSNL owes Rs 5,835.85 crore, and MTNL Rs 4,352.09 crore. SEE ALSO: <a href="https://www.businessinsider.in/business/telecom/news/airtel-added-5-million-new-4g-users-tariff-hike-hopes-and-record-broadband-customer-addition-surge-share-price/articleshow/85039298.cms">Five million new 4G users, tariff hike hopes and record broadband customer addition send Airtel's stock to a 6-month high</a> <a href="https://www.businessinsider.in/business/telecom/news/the-enormous-gap-between-vodafone-idea-on-one-hand-airtel-and-jio-on-the-other/articleshow/85035781.cms">The enormous gap between Vodafone Idea on one hand, Airtel and Jio on the other</a> <a href="https://www.businessinsider.in/business/telecom/news/vodafone-idea-loses-over-4-million-subscribers-airtel-and-jio-add-over-9-million-in-june/articleshow/85589113.cms">Vodafone Idea loses over 4 million subscribers, Airtel and Jio add over 9 million in June</a>

AGR case: Supreme Court directs DoT not to enchash Airtel's bank guarantees for three weeks

The Supreme Court on Monday, during the hearing on the adjusted gross revenue (AGR) matter of telecom companies, questioned the Centre as to how is it possible to sell the spectrum and whether it is transferable. A bench, headed by Justice Arun Mishra, told Solicitor General Tushar Mehta, representing the Department of Telecommunications (DoT), to come prepared on the next hearing, and explain how can spectrum be sold or whether is transferable. The bench also asked Mehta to get the NCLT orders connected with the query, as it scheduled the next hearing on the matter on August 14. Mehta contended before the bench that the government has filed an appeal saying spectrum is a national property and it should not be part of bankruptcy assets. At this, the bench questioned: "Why there was a delay in filing the appeal? What if the spectrum is sold in the meanwhile?" Mehta contended before the bench that the Centre has told the National Company Law Tribunal that spectrum is a national property, cannot be an asset of the company, and it cannot be sold. The bench also questioned how Aircel's spectrum and license were sold and who gave the permission for it. Aircel's monitoring committee's lawyer contended before the bench that no dues to government are be paid under the bankruptcy resolution plan, and insisted that he will place the details in court. The lawyer contended that the company paid the money to buy spectrum, and it is a transferable asset. The Centre, however, said Aircel's dues were Rs 12,000 crore. As the bench questioned the DoT as to how it proposes to recover the <keyword id="8275485" type="UNKNOWN" weightage="20" keywordseo="agr-dues">AGR dues</keyword> from a company which has gone into insolvency, Mehta replied that DoT's stand is that spectrum cannot be part of bankruptcy assets.

Supreme Court adjourns AGR case hearing to August 14

Bharti <keyword id="15491" type="COMPANY" weightage="20" keywordseo="Airtel">Airtel</keyword> has approached the <keyword id="6354977" type="ORGANIZATION" weightage="20" keywordseo="Supreme-Court">Supreme Court</keyword> over the assessment of adjusted gross revenue (AGR) dues payable by the company. According to the telecom operator, the assessment by the Department of Telecommunications (<keyword id="16054" type="ORGANIZATION" weightage="20" keywordseo="DoT">DoT</keyword>) has errors. As per DoT's assessment, Airtel's total dues stand at ₹43,980 crore, out of which ₹25,976 crore is due. Airtel's calculation, however, shows that its total dues stand at ₹13,004 crore. The telco has already paid ₹18,004 crore. "The applicants pray that the respondents be permitted to complete the process of assessments after considering the representations made by the applicants in this respect (including for the mathematical and calculation errors) and thereby determine the amounts due and payable," Airtel's petition said. The petition also seeks "limited clarification" or modification or recall of the orders dated March 18, 2020, September 20, 2020, and paragraph 38 (i) of the order dated September 1, 2020. In September, the apex court allowed telecom operators 10 years to pay up AGR dues. After Airtel's approach to the top court, there is anticipation that Vodafone Idea may make a similar move. Vodafone Idea's total AGR dues as per DoT stood at ₹58,254 crore, while the dues according to the company stood at ₹21,533 corre. So far, the company has made a total payment of ₹3,500 crore. SEE ALSO: <a href="https://www.businessinsider.in/business/telecom/news/the-agr-verdict-could-lead-to-a-reliance-jio-and-airtel-duopoly-in-the-indian-telecom-sector/articleshow/77883407.cms">The AGR verdict could lead to a Reliance Jio and Airtel duopoly in the Indian telecom sector</a> <a href="https://www.businessinsider.in/business/telecom/news/airtel-added-3-77-million-and-jio-added-1-46-million-new-subscribers-in-september-month/articleshow/79558962.cms">Airtel records 3.8 million new subscribers in September – more than twice that of Reliance Jio’s additions</a>

Airtel approaches Supreme Court claiming error in assessment of AGR dues by DoT

New Delhi, Mar 1 () The "test checks" as promised by the government on AGR-hit telecom companies' dues assessment could start this week for large telcos, according to a senior DoT official. The government also wants Vodafone Idea to expedite its self-assessment, and Telecom Secretary Anshu Prakash is believed to have communicated DoT's views in this regard to VIL, CEO and MD Ravinder Takkar during a recent meeting on Friday evening. A DoT official said that "test checks" of AGR calculation for a sample year would commence shortly and it could be as early as this week at least for large telecom companies. On Saturday, telecom operator Bharti Airtel said it has made payment of Rs 8,004 crore towards adjusted gross revenue (AGR) dues to the government, an amount over and above Rs 10,000 crore it has already paid. The amount of Rs 8,004 crore includes Rs 3,004 crore towards full and final settlement on AGR dues based on self assessment, and a deposit of buffer Rs 5,000 crore to cover DoT's reconciliation differences. "Based on the aforesaid payment we have now complied with AGR judgement and the directions in the order of the Supreme Court dated October 24, 2019," Airtel said in a regulatory filing. According to the Department of Telecom (DoT) estimates, however, Airtel owes nearly Rs 35,000 crore. DoT is also asking three telecom companies Bharti Airtel, Vodafone Idea and Tata Teleservices to provide substantiating documents to support their claims on AGR arithmetic. Once substantiating documents are filed by the companies, the telecom department will initiate random 'test checks' on the AGR calculation in a time-bound manner. The 'test check' will be done for any one year (of telcos' dues) to examine the deviation between telecom companies' assessment and the government's own calculation of AGR liabilities. In all, 15 entities owe the government Rs 1.47 lakh crore in unpaid statutory dues -- Rs 92,642 crore in unpaid licence fee and another Rs 55,054 crore in outstanding spectrum usage charges. Of the estimated dues that include interest and penalty for late payments, Airtel and Vodafone Idea account for about 60 per cent. These dues arose after the Supreme Court, in October last year, upheld the government's position on including revenue from non-core businesses in calculating the annual AGR of telecom companies, a share of which is paid as licence and spectrum fee to the exchequer. The Supreme last month rejected a plea by mobile carriers such as Bharti Airtel and Vodafone Idea for extension in the payment schedule and asked companies to deposit their past dues for spectrum and licences. Since then, telecom firms and the telecom ministry had been doing separate maths on the actual dues. Vodafone Idea, which is confronted with Rs 53,000 crore in statutory dues as per DoT's calculation, has so far paid only seven per cent of those dues in two tranches. Airtel has paid over Rs 18,000 crore out of its DoT estimated liability of over Rs 35,000 crore. Tata Teleservices has paid Rs 2,197 crore, the entire outstanding it believes to have arisen after the October ruling of the apex court for calculating dues. Both Bharti Airtel Chairman Sunil Mittal and Vodafone Idea Chairman Kumar Mangalam Birla continued to meet top government functionaries over the last few days to seek prompt measures that would offer a breather to the troubled sector. Mittal has urged the government for reduction in levies and taxes, as he termed the AGR "an unprecedented crisis for industry". Even as the AGR-crisis has pushed telcos to the brink, the crucial meeting of Digital Communications Commission (DCC) on Friday discussed options on relief to the distressed telecom sector but could not arrive at a decision, as government officials said more details are required for reconciliation of data on statutory dues. Telecom companies have been desparately waiting for a bailout package from the Government after an SC-order on statutory dues, and all eyes were on the DCC meet for the much-needed breather to fix the AGR imbroglio. MBI DRRDRR

You Searched For "airtel agr dues" and got 4 results

AGR case: Supreme Court directs DoT not to enchash Airtel's bank guarantees for three weeks

IANS

Supreme Court adjourns AGR case hearing to August 14

IANS

Airtel approaches Supreme Court claiming error in assessment of AGR dues by DoT

IANS

'Test checks' on AGR-hit telcos' dues assessment may start this week: DoT sources

PTI

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