Supreme Court to pronounce verdict on AGR dispute

Satya Prakash
Tribune News Service

New Delhi, September 1

The Supreme Court will on Tuesday pronounce its verdict on a doable timeline for staggered fee of Adjusted Gross Revenue dues of about Rs 1.6 lakh crore by telecom corporations and different associated points.

A Bench headed by Justice Arun Mishra will even resolve if a telecom firm dealing with proceedings beneath the Insolvency and Bankruptcy Code (IBC) can promote spectrum and the way AGR dues may be recovered from them.

It will even give its discovering on fee of dues, if any, on Jio and Airtel which have spectrum sharing pacts with RCom, Aircel and Videocon respectively.

The Centre had mentioned there was a distinction of opinion between the Department of Telecom (DOT) and the Ministry of Corporate Affairs on sale of the spectrum throughout insolvency proceedings.

The prime courtroom had on October 24, 2019, dominated that the statutory dues wanted to be calculated by together with non-telecom revenues in what is called AGR of telcos. Later, it had rejected their assessment petitions, saying there was no “justifiable reason” to entertain their pleas.

Telcos wished to make a staggered fee, contending that they confronted monetary constraints. The DoT had supported their plea and urged the courtroom to permit staggered fee AGR dues by telcos within the subsequent 20 years.

The Bench, which additionally included Justice BR Gavai and Justice Krishna Murari, had reserved the decision on July 20 on the side of granting timeline to telcos for staggered fee of AGR- associated dues.

However, the Bench had made it clear that it’s going to not hear “even for a second” any arguments on reassessment or re-calculation of AGR.

During the listening to, it had requested telcos to furnish books of accounts for the final ten yr. It had mentioned 15-20 years sought by some telecos was not affordable.

Last month, the DoT had mentioned all liabilities, together with AGR-related dues, must be cleared by telecos earlier than spectrum buying and selling.

The DoT had mentioned it may possibly search to recuperate dues from sellers and consumers of the spectrum, collectively or individually.

The DoT had mentioned that no demand has been raised in opposition to Reliance Jio and Airtel for half dues of Reliance Communications (RCom) and Videocon respectively.

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