DoT
had pegged Bharti Airtel’s dues at Rs 43,980 crore, Vodafone Idea at Rs
58,254 crore and Tata Group at Rs 16,798 crore
|
New Delhi(Agencies): The
Supreme Court, on Thursday, asked private telecom operators to furnish
undertakings and file affidavits giving a road map for clearing the Adjusted
Gross Revenue (AGR) related dues as Vodafone Idea said that it did not have enough
money to even pay salaries to its employees.
Bharti Airtel, on the other
hand, told the Apex Court that it had paid 70 per cent dues as per its own
calculations and the rest would be cleared after consulting the government.
A bench of Justices Arun Mishra,
S Abdul Nazeer and M R Shah, which adjourned the hearing for next week, asked
the firms as to what was the guarantee that they would clear the dues in the
20-year time-frame being sought by the government.
It questioned the telecom
companies whether they were ready to give bank guarantee or directors are
prepared to issue a personal guarantee or any other security can be furnished
because the court cannot allow such staggered payments of dues.
Senior advocate Mukul Rohatgi,
appearing for Vodafone Idea, said as per the government’s calculations, it owed
over Rs 53,000 crore, which included interest and penalty for non-payment of
dues.
He said license and spectrum
were separately auctioned and they had purchased it for thousands of crores of
rupees.
“The value of spectrum can be the best
security for payment of dues and licence and spectrum can be cancelled, if the
dues are not paid,” he said, adding they did not have enough money to give any
bank guarantees.
Rohatgi said: “We are not in a
position to give bank guarantees. We don’t have money to pay salaries to our
employees and meet our expenses. Spectrum is very valuable and can be the best
guarantee for the payment of our dues.”
Senior advocate Abhishek Manu
Singhvi, appearing for Bharti Airtel, said that as per their calculation, they
had paid 70 per cent of the dues and only minimal amounts remain, which would
be cleared after consulting the government.
He said the company would file
a detailed affidavit. The bench said the government had suggested 20 years for
payment of dues by the telecom companies but no one had seen the future and
what would happen if any of the companies went into liquidation.
It said the litigation started
in 1999 and 20 years had already gone and now another 20 years was being
sought, could it be termed reasonable. Senior advocate Shyam Divan, appearing
for interim resolution professional said three telecom companies were facing
insolvency proceedings and were in the process of resolution.
Justice Shah told the counsels
for the telecom firms that despite earning so much not a single company
deposited anything towards COVID-19 relief funds.
While Airtel said it had paid
Rs 100 crore in the COVID fund, Tata Group said it paid Rs 1,500 crore.
Bharti Airtel, Vodafone Idea
and Tata Group’s self-assessed dues to the government are a whopping Rs 82,300
crore, which is short of what DoT calculated after the Apex Court’s October 24
ruling on the AGR.
In its submission before the
Apex Court seeking relief in payment tenure, DoT had pegged Bharti Airtel’s
dues at Rs 43,980 crore, Vodafone Idea at Rs 58,254 crore and Tata Group at Rs
16,798 crore.
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