A bench led by chief justice BR Gavai took notice of solicitor normal Tushar Mehta's submission that extra time is required to work out a attainable answer.
“I have to inform this courtroom that the federal government of India has 49% fairness within the firm and is due to this fact, additionally a stakeholder within the situation,” the SG mentioned, including that now the circumstances have modified and the events need to discover a answer on the earliest, due to this fact, requested for one more date to listen to the Vi petition.
Senior counsel Mukul Rohatgi, showing for Vi, instructed the apex courtroom that the telecom operator's recent petition associated to a brand new set of calls for and doesn't overlap with earlier AGR case.
The highest courtroom then posted the matter for additional listening to on September 26. Vi has alleged that regardless of the highest courtroom having crystallised all of the liabilities in respect of AGR on Vi until FY17, the division has been elevating extra demand for that interval.
The telco argued the extra demand raised by DoT in respect of AGR runs counter to the apex courtroom's judgment of July 20, 2020, and a subsequent order of September 1, 2020. It claimed that the best courtroom had prohibited re-assessment of the AGR dues, and, due to this fact, the DoT's transfer was “unjust, unfair and arbitrary.”
“The claims now being made by the DoT, that are in extra of ₹5,960 crore are clearly indicative of the truth that at the same time as per the DoT, sure calls for have been missed out or are being revised on account of departmental assessments,” it acknowledged.
“DoT had on August 13 issued one other letter to Vodafone relating to the excellent license price dues (as much as 2018-19) lined within the moratorium and allegedly not tabulated within the SC order of September 1, 2020. A sum of roughly ₹9,450 crore has been computed by the DoT which is to be thought of as regards to the scheduled fee due on March 31, 2026.”
On this sum, roughly ₹5,606 crore (as on March 31, 2025) is for the interval as much as FY17, which has already been crystalised by the courtroom, the corporate mentioned. The extra demand pertains solely to license price dues. But when extra SUC calls for for the interval as much as FY17 are additionally thought of, the quantity is roughly ₹6,800 crore (as on March 31, 2025), the petition acknowledged.
The SC had on September 19 final 12 months dismissed a batch of healing petitions filed by telcos in opposition to imposition of penalty and curiosity on penalty in its September 2019 order, in addition to a correction in what the affected carriers claimed have been arithmetical errors within the DoT's calculations.
Of the whole ₹1.47 lakh crore of AGR dues, which the telecom operators have been required to pay by January 2020 because of the apex courtroom's order, practically 75% comprised curiosity, penalty and curiosity on penalty, the businesses mentioned.
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