Vodafone Idea (Vi) and Bharti Airtel have approached the Supreme Court (SC) to hear their curative petition in an "open court". The curative petition is against the apex court's earlier order which rejected the review petition filed by the telcos for rectifying the arithmetical errors in the calculation of the adjusted gross revenue (AGR) dues. The telcos believe that their calculation of AGR dues is very different from that of the Department of Telecommunications (DoT). According to an ET report, Harish Salve, appearing for Vodafone Idea (Vi), told a bench led by Chief Justice DY Chandrachud that its curative petition for putting a focus on the arithmetical errors made in the calculation of AGR dues by the DoT should be heard soon.
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K.K. Venugopal, appearing for Airtel, joined Salve in seeking an open court hearing on the curative petitions. The Chief Justice said that the decision on an open court hearing will be taken after consulting with other judges who will be part of the bench. The telcos maintained that they are not challenging the imposition of the license fee, but they are seeking corrections in the arithmetical errors that have been made by the DoT.
As per a Supreme Court order which came in 2019, telcos were required to pay Rs 1.47 lakh crore of AGR dues by Jan 2020. Out of the total amount, 75% amount was interest, penalty, and interest on penalty. Airtel said that while DoT has estimated its dues at Rs 43,980 crore, as per its own calculation, the dues stand at Rs 13,004 crore.
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Vodafone Idea's calculation of the AGR dues showed a total amount of Rs 21,533 crore while DoT's assessment said Rs 58,524 crore. For Tata Teleservices, DoT said the AGR dues stand at Rs 16,798 crore while the company's own calculation showed the amount to be Rs 2,197 crore.
On September 1, 2020, the apex court ordered the telcos to clear the AGR dues amount over a 10-year period. The telcos were asked to pay 10% of the dues upfront by March 31, 2021, and the remaining in instalments. The Supreme Court had said that it won't entertain further revaluation of the AGR dues and if the telcos fail to pay the dues, it will be considered contempt of court orders.
