Thread by @barandbench

#SupremeCourt to shortly hear the adjusted gross revenues (AGR) case. Last year, the top court had reaffirmed dues payable by the telecom companies, particularly, Bharti Airtel and Vodafone Idea (VI)
#AGRDues #agr @VodafoneGroup @airtelnews

.@airtelnews AGR dues last year were Rs 43,000 crore while for Vodafone Idea it was over Rs 58,000 crore. However, the two telecom majors moved #SupremeCourt early this year stating there were a number of errors that were made in arriving at those AGR dues. SC to hear today

Matter to start shortly
#agrdues #supremecourt

Senior Adv Mukul Rohatgi appears for Vodafone

#agrdues #supremecourt

Justice Rao: who is appearing for Reliance Communications?

Rohatgi: maximum impact of judgment is on Vodafone. please hear me

Justice Rao: reliance case is different than you. Your plea is similar to TATA and Vodafone

Justice Rao: who is for official liquidator?

Adv Kanu Agrawal: Learned Solicitor is before a special bench

Justice Rao: ask him to come soon. What are we? we are also a special bench

#agrdues #supremecourt

Sr Adv Ritin Rai: I appear for the official liquidator. Winding up proceedings was started in 2012. Department of Telecom Claims for license fee was 29.22 crore

Rai: there was contempt proceedings regarding other players and nonpayment of AGR dues. Amounts recoverable from PSPs was shown. It was shown we were not a party whereas we were respondents. we filed an application saying dot should quantify our individual liabilities

Rai: our individual liabilities was quantified before the predecessor bench.

Justice Rao: let us get the response of the Solicitor

Rai: reply from SG Mehta was filed (points to a page number)

#agrdues #supremecourt

Justice Rao: Lawyers for Vodafone, TATA and Airtel make your submissions

Sr Adv Rohatgi for Vodafone: for last 20 years this issue was going up and down and to what was the definition of Adjusted gross revenue. question was what is gross revenue.

Rohatgi: we had succeeded in TDSAT but reversed in this court. AGR expanded definition was into force and we were asked to pay liabilities. judgment said we were granted 10 years installment. Centre supported us by cabinet resolution. 10 percent payable was my 31 March 2021

We have paid much more and it is to the tune of 7,000 crores by March 2021: Sr Adv Rohatgi @VodafoneGroup

I am not raising contentious issues or blaming DoT or rearguing the case. All i am saying is this due if 58,000 crores is spread over 20 years. some entries are arithmetical entries. If i have one rupee, the DD reflects only 50 paise:Rohatgi

@VodafoneGroup #SupremeCourt #AGRdues

If there are thousand of entries over 20 years it may have some impact as each entry has interest levied on it making one rupees.. five rupees: Rohatgi

@VodafoneGroup
#SupremeCourt #AGRdues

I dont blame the DoT, this can happen with anyone. See one entry. One amount considered paid is of 153 crores which was paid in 5 parts and a part of 18 lakhs has missed the attention of the accountant : Rohatgi

@VodafoneGroup
#SupremeCourt #AGRdues

Justice Rao: the chart you have given us is all prior to 2016, 2017. if you beyond this sheet there is a note can you read that note?

These are revisions which can be carried out by departmental assessment subject to the figures given there are final: Justice Rao

The figure is not cast in stone. i am not raising any contentious issue. if i have paid one rupee shouldn't i get an account for that: Rohatgi

Any court for the interest of justice will take a look at the arithmetical errors. I am in compliance and i don't want to delay the installments: Rohatgi

My dues are 58,000 crore. we have a debt of 1,80,000 crores. all we are saying that allow me to place the details, if i am correct, give me some benefit: Rohatgi

Dr Abhishek Manu Singhi appears for Bharti Airtel: there are duplication of entities.

Sr Adv Arvind Datar for TATA: Basic dispute was what is the meaning of AGR. We said non telecom operations will not fall under AGR. This was rejected and that topic is closed. Now it involves both telecom and non telecom.

Datar: This is like an AGR fee and here is the concept of self-assessment. Noe controller of DOT compares my liability. judgment now prohibits reassessment.

Justice Rao: a calculation has been done by the court. this court has said no recalculation

That calculation is based on grossing of revenue from both telecom and non telecom apects: Datar

#supremecourt #AGRdues

Datar: we all have backs to the walls.

Justice Rao: all these arguments in recalculation and reassessment have been closed by the judgment.

Datar: we have paid 5,000 crores. its a question life and death. Please see if releifs can be granted at all.

#supremecourt #TATA

Datar: i can point out some glaring errors

Justice Rao: it is not needed now

Sr Adv Ramji Srinivasan: I appear for a second TATA company

SG Tushar Mehta: i don't have any instructions. all my reading rests on the July, 2020 judgment of this court. i need two days time for instructions.

Justice Rao: how do you respond to Mr Rohatgi, Singhvi and others

SG: Parliament is in session. i need two days to respond.

Judges discuss with each other

SG: 1st September was the final judgment.

Justice Rao: list after two weeks. File a response to the application by TATA, Vodafone and Airtel

SC: Centre to also file reply to the application by Etisalat liquidator, Sr Adv Ritin Rai