Thread by @barandbench

Justice Arun Mishra led bench of the Supreme Court to hear case concerning Adjusted Gross Revenue payable by telecom companies.

Earlier SC had asked all companies to submit their financial documents and plan to make the payment of the dues to the DoT

#AGR
#SupremeCourt

After the Supreme Court had questioned the DoT on its move to claim AGR dues from PSUs calling the act a "misuse" of the Supreme Court's judgment, the Centre had informed the Court earlier that the demand for AGR dues from PSUs stands withdrawn

#AGRDues
#telecomcompanies

Advocate Binu Tamta appears for Centre

Senior lawyer AM Singhvi for Bharti Airtel

Senior lawyer Mukul Rohatgi for Vodafone Idea

Senior lawyers Arvind Datar, Ramji Srinivasan for Tata Teleservices

Senior lawyer Kapil Sibal for Hughes Communications

J Mishra: What have you filed Mr Rohatgi?

Senior Adv Rohatgi: We have filed a detailed one with Income tax returns etc.

Rohatgi: Substance of affidavit will tell you that over last 10-15 years of working in India since 2006 unfortunately for extraneous reasons network of company has been wiped. We had a loss of 1 lakh crore.

Senior Adv Rohatgi: The affidavit filed by Vodafone is in compliance with SC orders dated June 18.

Senior Adv Mukul Rohatgi urges Senior Adv Dr Abhishekh Manu Sighvi to switch off his mic

"Dr Singhvi, the Rajasthan HC hearing (in Sachin Pilot's case) can be heard. Please mute your mic."

@DrAMSinghvi

Senior Adv Rohatgi: We (Vodafone) have a net loss of 2,800 crores in first year, 1800 crores loss in next and thereafter a loss of 523 crores. Total revenue over 10 years is 6 lakh crores, out of which expenses was 495 crores.

Justice Mishra: Did you make any arrangement for contingent liabilities yearly accounts?

Rohatgi: We succeeded in TDSAT so we had no provision

Justice Mishra Vodafone Idea: Why didn't you have a provision for AGR dues despite DoT demand?

Senior Adv Rohatgi: 14,000 crore was in addition to AGR dues as per DoT calculation, with penalties and interest amount crossed 50,000 crores

Senior Adv Rohatgi: Whatever we have earned as revenues in the last 14 years has become wiped away.

Justice Mishra: Then how do we get hold of you?

Justice MR Shah: What kind of security is there? No one is ready to lend you too

Senior Adv Rohatgi: We paid 8,000 crores after your verdict. We paid another 1,000 crores after June 18.

Justice Mishra: Who is the kingpin in Vodafone?

Rohatgi: No one owns Vodafone. All directors are salaried and don't own us.

Justice MR Shah: Where is the question of self assessment now?

Justice Arun Mishra: first you said self assessment and now call it re-calculation. You are the solicitor general and you cannot do this. You cannot commit contempt on this court? What is this nonsense?

SG Tushar Mehta: Please allow me 60 seconds to speak. Allow me to remove the wrong impression

Justice Mishra: Do not think you have very big hands. We will cut it short

SG Mehta: I didn't open my mouth today. I did not say re-calculate.

Justice Mishra: Tell us your liabilities and then we will consider this nonsense

Senior Adv Rohatgi: We are not seeking any reassessment or recalculation. We will stick to the verdict. Government owes us 8,200 crores. They can retain it.

@VodaIdea_NEWS @VodafoneIN

Senior Adv Kapil Sibal for Hughes Telecom: We have 155 crore to pay. We are yet to pay anything post the SC verdict.. Govt already has 59 crores from us as bank guarantee which can be encashed.

Senior Adv Dr Abhishek Manu Sighvi for Bharti Airtel @airtelnews : We have paid 180 billion rupees after court order on telecom dues.

SG Mehta: Their liabilities are around 43,000 crores

SG Mehta gives a lowdown of dues owed by various telecos, says

- Airtel has paid about ₹18004cr, balance due is about ₹25976cr

-Vodafone Idea paid about ₹7854cr, balance due is about ₹50399cr

-Tata Telecom paid about ₹4197cr, balance due about ₹12601cr

Justice Mishra: We will not allow you (Bharti Airtel) to go in for recalculation or reassessment

@DrAMSinghvi : we will stick to the order. Remaining liability is only 30 billion rupees

SC:You are disputing liability of over 200 billion rupees

Singhvi for Bharti Airtel contends that the AGar dues owed by Airtel are far less than claimed by DoT.

Singhvi says DoT has clubbed the Spectrum Usage Charges (SUC) to AGR dues claimed, actual dues payable is about ₹21,000cr as opposed to around ₹43,000cr as claimed by DoT

Senior Advocate Arvind Datar for TATA: There is no reassessment or recalculation from our end. Just clarifying this.

Justice Mishra: Please submit on merits

Datar: Now as per DoT we have Rs 9,987 crores to pay. We have paid over 4,000 crores

Solicitor General Tushar Mehta informs top court that Videocon, Aircel under IBC, and Reliance Jio has paid full dues.

Justice Mishra to Senior Advocate Arvind Datar: Your clients have earned too much money and now you all don't want to pay. We know how jugglery of accounts take place so don't teach us.. This is not something you should do with this country

Datar: We are not seeking review

Justice Mishra: Mr Datar, you don't know what we can do. This country is suffering due to all of you. We will impose costs if you don't adhere to our orders. You don't know what we are thinking.

Senior Advocate Moham Parasaran argues for TATA

Justice Mishra: Just tell us how will you pay and what security are you giving for the payment? Enough is enough. We will not consider any plea for financial difficulty

Datar: if a party does not pay, then I understand

Datar: but my client has paid 40% of total payable in the last three months

SC: You all are disputing the basic liabilities

Datar: no we are not disputing. We are sticking to the figure as cited by Centre on July 23.

Justice Mishra(To Senior Adv Mohan Parasaran): How much time do you need to pay off the dues

Parasaran: 15 years...

J MR Shah: this is not reasonable
J Mishra: This is the most unreasonable time period. If any country goes into liquidation then you will not forgive yourself

Justice Mishra: As an officer of the court how do we secure the telecom payments?

Senior Adv Parasaran: We will explain in our affidavit

Justice Mishra: No more affidavits in the case!

Senior Advocate Parasaran suggests a term of 7 to 10 years to pay off the dues.

Senior Advocate Ramji Srinivasan: I appear for TATA Maharashtra.. We are yet to receive 780 crores from the Union towards GST dues

SG Mehta: That will be settled.

Senior Advocate @KapilSibal : For Hughes, we have never questioned AGR. We only have one notice of 155 crores out of which 40 cr has been paid.

Senior Adv Mukul Rohatgi: We accept the due of 58,000 crores

Justice Mishra: We are obliged to you

Senior Advocate Rohatgi: The only way the judgment of the top court can be complied with if a 20 year time period is given.

Justice Mishra: Are you suggesting us or threatening us? Your tone and tenor is not good.

Justice Mishra: Come out of the shell out of your client and answer like a former Attorney General

Rohatgi: For me, 15 years is a reasonable time. I am not meaning this as a bargain. The govt has also found that we are in deep waters

Senior Adv @DrAMSinghvi : We need 15 years to pay off the dues. We also have a 9,000 core credit with the government which may be adjusted too.

Justice Mishra: We are dealing with revenue of this country. As a senior officer of this court, please tell us the time limit?

.@DrAMSinghvi cites COVID-19 as a reason for losses incurred

J MR Shah: COVID-19 have no effect on this industry. You have only benefited.

SG Tushar Mehta: We will stick to the cabinet decision. 20 years is a reasonable period for us.

SG: The govt has taken this decision to save the economy from it's cascading effect on the economy.

SC: What if someone goes into liquidation?

SG: we can cancel their spectrum and auction the same

Senior Advocate Shyam Divan appears for Reliance

Justice Mishra: Please submit records showing the liquidation process

Order in #AGRCase

SC: While hearing the matter an attempt was made to wriggle out of our order in the garb of reassessment or recalculation. However there can do adjustment regarding the dues apart from what was stated in the SC verdict. No objection will be entertained....

#SupremeCourt Order in #AGRCase

SC......All companies Aircel, Reliance communication, Videocon provide all insolvency records to court..

#SupremeCourt Order in #AGRCase

Supreme Court reserves order on timeline of AGR payments by Telecom companies

Matter to be beard on August 10, 2020
Replies or written submission to be filed by August 7.

Order of #SupremeCourt in #AGR case of Vodafone Idea, Airtel and other Telcos

AGR: "There can be no adjustment of dues", Supreme Court reserves verdict on timeframe for staggered payment of dues by telecom companies
#AGRCase @VodafoneIN @airtelindia
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