![\"\"](\"\/Themes\/Release\/images\/responsive\/ettelecom-default.jpg\")
The bench asked the private telecom companies to submit securities, undertakings and guarantees against AGR-based dues worth around Rs 1.7 lakh crore as per the October 2019 ruling before it would consider allowing them a reasonable window to pay the money.
“It is apparent that the licences are different and our judgement in this case could not have been made the basis for raising the demand against the PSUs,” the bench said. “Even otherwise the PSUs are not in actual business of providing mobile services to the general public.”
The three-judge bench led by justice Arun Mishra expressed scepticism about the government plan to allow staggered recovery of AGR-related dues over a maximum 20 years from the private phone companies. However, it asked the carriers to submit a payment schedule for their dues--which include licence fees, spectrum usage charges (SUC), penalties and interest--and the securities they would offer as guarantees before the next hearing on June 18.
They will have to file a joint affidavit in five days regarding the guarantees and when they propose to pay, the order uploaded on the website said. The bench will examine what would be a reasonable time frame for payments, how to ensure these are made and what securities are needed to back them up.
“What is the guarantee telcos<\/a> will pay in that time? What if one of the companies goes into liquidation? Who will pay?” Mishra had asked in court. “Litigation started in 1999; 20 years have already gone.” Alongside Mishra on the bench were justices MR Shah and S Abdul Nazeer.
Solicitor general Tushar Mehta suggested that the court could seek “undertakings” from the operators.
Senior advocate Mukul Rohatgi said that Vodafone Idea would not be able to provide any bank guarantees, given its financial state. He said that licences and spectrum were the best security against dues of over Rs58,000 crore that the Department of Telecommunications (DoT) has sought from the company.
“We can’t give bank guarantees. We don’t have enough money to even pay our employees and meet our expenses,” he claimed, offering to back his statement with an affidavit. The cash-strapped telco, which has on several occasions warned of going bust if made to pay AGR dues<\/a> in one shot, has paid nearly Rs7,000 crore so far.
Mishra was unconvinced. “Find out what security can be furnished… personal property of directors... Else we cannot consider giving time,” he said.
Bharti Airtel, through senior advocate Abhishek Manu Singhvi, said that it had paid all of the Rs13,004 crore owes according to its own calculation. The telco–faced with DoT’s demand of nearly Rs44,000 crore--will confirm the amount that’s still owed and pay that, he said.
Senior advocate Arvind Datar appearing for Tata Teleservices--which faces a demand of nearly Rs17,000 crore, of which it has paid Rs4,197 crore--sought more time to file his reply. Hughes Communications was represented in the case by senior advocate Kapil Sibal.
Bharti Airtel shares dropped 2.8% to Rs551.60 at the Thursday close on the BSE. Vodafone Idea fell 13.2% to Rs9.39.
Read also<\/h4><\/a><\/figure>Vodafone Idea doubled in a month but AGR case outcome is key<\/a><\/h5><\/div><\/a><\/figure>Vodafone Idea to SC: Don't have enough money to pay salaries, run operations<\/a><\/h5><\/div><\/a><\/figure>Demand for AGR dues from PSUs totally impermissible: Supreme Court to DoT<\/a><\/h5><\/div><\/a><\/figure>Justice Mishra can't get over how SC ruling on AGR 'used & misused'<\/a><\/h5><\/div><\/div><\/div>
The bench was critical of the government move to impose similar AGR demands on state-owned companies such as GAIL and Power Grid Corp. and wanted these waived.
Mishra wondered how these charges had been invoked against them after 30 years as the court’s ruling had been made against the private telcos<\/a>. He said that the order of October 24 last year did not mention PSUs at all.
“We will request you to withdraw the demand on PSUs, otherwise we will take strict action. Outright misuse of our verdict,” Mishra said. “You are making demand of Rs 4 lakh crore. This is wholly and totally impermissible.”
He seemed to suggest that this had been done as an afterthought following the October ruling and threatened to take action against DoT officials responsible for passing such orders.
“Every day I think about how our judgement has been used and misused,” Mishra said.
Mehta defended the move and said their business agreements with DoT envisaged such licence and spectrum usage charges. He conceded that the PSUs were not telecom companies and were not using spectrum for commercial exploitation and needed to be treated differently from private telcos.
The solicitor general initially asked the court to clarify that its judgement in the AGR case<\/a> would not apply to PSUs, but the bench refused to pass any such orders and placed the onus on the government to treat state-run companies separately. Mehta then offered to file an affidavit explaining the reasons for charging the PSUs.
At the previous hearing on March 17, the apex court had scrapped the self-assessment of AGR dues<\/a> by the telcos. But in a relief to the likes of Vodafone Idea, Bharti Airtel and Tata Teleservices, it agreed to consider the government’s plea to allow carriers to stagger the payment of dues over a maximum 20 years. The formula also includes freezing interest and penalty components as they stood on October 24, 2019, when the Supreme Court pronounced the order expanding the scope of AGR to include non-core items.
Mehta told the court that any attempt to recover dues in one go could disrupt the telecom sector, hurting consumers.
Migrating consumers to other operators will not be seamless, he said, justifying the move to seek a 20-year recovery window.
“The current AGR judgement for telcos to chart a payment roadmap – staggered over a defined timeline with adequate security\/guarantee of spectrum, network equipment, including recoverables from the government of India can be considered as an effective option for security collaterals,” said Prashant Singhal, TMT emerging markets leader at consultancy firm EY. “Telecom is a regulated sector with telcos operating under licenses issued by the DoT. Any default by telcos can have a bearing and thus the licenses act as an implicit guarantee, either which way.”
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新德里:最高法院裁决调整后总收入(AGR)不应该被用于实施许可及频谱使用费用价值4十万的卢比在公共部门单位(电源)与征收私人电信公司。它要求电信部(点)三天内重新考虑这一决定。
板凳上要求私营电信公司提交证券,事业和担保AGR-based费价值约1.7十万的卢比按照2019年10月执政之前会考虑允许他们一个合理的窗口支付钱。
“显然,牌照是不同的,在这种情况下我们的判断不可能了对电源的需求提高的基础,”法官说。“即使否则电源没有实际业务为公众提供移动服务。”
由三名法官组成的板凳为首的正义阿伦Mishra表示怀疑政府计划允许交错复苏AGR-related会费最多20多年的私人电话公司。然而,它要求航空公司提交付款计划为他们的会费——包括许可费、频谱使用费用(往下),罚款和利息,他们将提供的证券作为担保下听力6月18日之前。
他们将不得不文件关于担保和联合证词五天当他们提出支付,订单上传在网站上说。板凳将检查支付一个合理的时间框架是什么,如何确保这些是由证券需要备份它们。
“什么是保障电信公司将支付的时间吗?如果一个公司进入清算?谁来支付?在法庭上“Mishra问。“诉讼开始于1999年;20年已经过去了。”沙先生与Mishra在板凳上被法官和S Abdul岬角。
副检察长Mehta建议印度法院可以从运营商寻求“事业”。
高级成员Mukul Rohatgi倡导者表示,沃达丰的想法将无法提供任何银行担保,鉴于其财务状况。他说,许可证和频谱是最好的安全费超过Rs58,000卢比,电信部(点)从公司寻求。
“我们不能给银行担保。我们甚至没有足够的钱来支付我们的员工和满足我们的费用,”他声称,提供支持他的证词陈述。现金拮据的电信,多次警告说,如果破产了AGR费一箭,已支付近Rs7,000卢比。
Mishra是不服气。“找出安全可以装饰…个人财产的……其他的我们不能考虑给时间,”他说。
通过高级提倡阿布Manu Singhvi Bharti Airtel,说它支付了所有的Rs13,004卢比的欠据自己的计算。telco-faced点的需求近Rs44,000卢比——将仍然欠付的金额确认,他说。
高级提倡Arvind塔尔塔塔电信业务——面临着需求出现近Rs17,000卢比,它已经支付Rs4,197卢比的文件他的回答——寻求更多的时间。休斯通讯在本案中由谁代理高级Kapil Sibal倡导者。
Bharti Airtel股价下跌2.8%在周四关闭Rs551.60疯牛病。沃达丰(Vodafone)下跌13.2%,至Rs9.39想法。
读也
椅子是批评政府的举措实施类似的AGR要求国有企业如盖尔和电网公司和想要放弃。
Mishra对他们想知道这些指控被调用后30年的法院的裁决对私人了电信公司。他说,去年10月24日的顺序没有提到的吧。
“我们将请求你撤销对电源的需求,否则我们将采取严格的措施。Mishra说直接滥用我们的判决。”“你正在要求4十万的卢比。这是完全和完全不允许的。”
他似乎表明,这样做已经是想了想后,10月判决,并威胁采取行动对点官员负责传递这样的订单。
“每天我想想我们的判断已经使用和滥用,”Mishra说。
梅塔与点为此举辩护,说他们的业务协议设想这样的执照和频谱使用费用。他承认,电源没有电信公司和商业剥削和没有使用频谱从私人电信公司需要区别对待。
总检察长最初要求法院澄清,其判断的AGR案例将不适用于电源,但法官拒绝通过任何此类订单并将其归咎于政府分别对国有企业。梅塔然后提出书面文件解释收费的原因吧。
在之前的听证会上3月17日,法院已经报废的自我评估AGR费电信公司。但在救援的沃达丰的想法,Bharti Airtel和塔塔电信业务,它同意考虑政府的请求允许运营商交错在最高20年会费的支付。公式还包括冻结利息和罚款组件,因为他们站在10月24日,2019年,最高法院宣布订单AGR的范围扩大到包括非核心项目。
梅塔告诉法庭,任何试图恢复费可能会扰乱电信部门,伤害消费者。
消费者迁移到其他运营商不会一帆风顺,他说,证明此举寻求20年恢复窗口。
“电信公司当前的AGR判断图付款路线图-交错在定义的时间轴与足够的安全/保证频谱,网络设备,包括来自印度政府的可恢复的可以被认为是一个有效的选择安全络脉,“Prashant Singhal说,TMT新兴市场领袖咨询公司)等等。“电信监管部门颁发的许可下与电信公司操作点。任何违约电信公司可以有一个轴承,因此许可作为一个隐含担保,无论是哪个方向。”
<\/span><\/figcaption><\/figure>New Delhi: The Supreme Court said its ruling on adjusted gross revenue (AGR) should not have been used to impose licence and spectrum usage charges worth Rs 4 lakh crore on public sector units (PSUs) on par with those levied on private telecom companies. It asked the Department of Telecommunications (DoT) to reconsider the decision in three days.
The bench asked the private telecom companies to submit securities, undertakings and guarantees against AGR-based dues worth around Rs 1.7 lakh crore as per the October 2019 ruling before it would consider allowing them a reasonable window to pay the money.
“It is apparent that the licences are different and our judgement in this case could not have been made the basis for raising the demand against the PSUs,” the bench said. “Even otherwise the PSUs are not in actual business of providing mobile services to the general public.”
The three-judge bench led by justice Arun Mishra expressed scepticism about the government plan to allow staggered recovery of AGR-related dues over a maximum 20 years from the private phone companies. However, it asked the carriers to submit a payment schedule for their dues--which include licence fees, spectrum usage charges (SUC), penalties and interest--and the securities they would offer as guarantees before the next hearing on June 18.
They will have to file a joint affidavit in five days regarding the guarantees and when they propose to pay, the order uploaded on the website said. The bench will examine what would be a reasonable time frame for payments, how to ensure these are made and what securities are needed to back them up.
“What is the guarantee telcos<\/a> will pay in that time? What if one of the companies goes into liquidation? Who will pay?” Mishra had asked in court. “Litigation started in 1999; 20 years have already gone.” Alongside Mishra on the bench were justices MR Shah and S Abdul Nazeer.
Solicitor general Tushar Mehta suggested that the court could seek “undertakings” from the operators.
Senior advocate Mukul Rohatgi said that Vodafone Idea would not be able to provide any bank guarantees, given its financial state. He said that licences and spectrum were the best security against dues of over Rs58,000 crore that the Department of Telecommunications (DoT) has sought from the company.
“We can’t give bank guarantees. We don’t have enough money to even pay our employees and meet our expenses,” he claimed, offering to back his statement with an affidavit. The cash-strapped telco, which has on several occasions warned of going bust if made to pay AGR dues<\/a> in one shot, has paid nearly Rs7,000 crore so far.
Mishra was unconvinced. “Find out what security can be furnished… personal property of directors... Else we cannot consider giving time,” he said.
Bharti Airtel, through senior advocate Abhishek Manu Singhvi, said that it had paid all of the Rs13,004 crore owes according to its own calculation. The telco–faced with DoT’s demand of nearly Rs44,000 crore--will confirm the amount that’s still owed and pay that, he said.
Senior advocate Arvind Datar appearing for Tata Teleservices--which faces a demand of nearly Rs17,000 crore, of which it has paid Rs4,197 crore--sought more time to file his reply. Hughes Communications was represented in the case by senior advocate Kapil Sibal.
Bharti Airtel shares dropped 2.8% to Rs551.60 at the Thursday close on the BSE. Vodafone Idea fell 13.2% to Rs9.39.
Read also<\/h4><\/a><\/figure>Vodafone Idea doubled in a month but AGR case outcome is key<\/a><\/h5><\/div><\/a><\/figure>Vodafone Idea to SC: Don't have enough money to pay salaries, run operations<\/a><\/h5><\/div><\/a><\/figure>Demand for AGR dues from PSUs totally impermissible: Supreme Court to DoT<\/a><\/h5><\/div><\/a><\/figure>Justice Mishra can't get over how SC ruling on AGR 'used & misused'<\/a><\/h5><\/div><\/div><\/div>
The bench was critical of the government move to impose similar AGR demands on state-owned companies such as GAIL and Power Grid Corp. and wanted these waived.
Mishra wondered how these charges had been invoked against them after 30 years as the court’s ruling had been made against the private telcos<\/a>. He said that the order of October 24 last year did not mention PSUs at all.
“We will request you to withdraw the demand on PSUs, otherwise we will take strict action. Outright misuse of our verdict,” Mishra said. “You are making demand of Rs 4 lakh crore. This is wholly and totally impermissible.”
He seemed to suggest that this had been done as an afterthought following the October ruling and threatened to take action against DoT officials responsible for passing such orders.
“Every day I think about how our judgement has been used and misused,” Mishra said.
Mehta defended the move and said their business agreements with DoT envisaged such licence and spectrum usage charges. He conceded that the PSUs were not telecom companies and were not using spectrum for commercial exploitation and needed to be treated differently from private telcos.
The solicitor general initially asked the court to clarify that its judgement in the AGR case<\/a> would not apply to PSUs, but the bench refused to pass any such orders and placed the onus on the government to treat state-run companies separately. Mehta then offered to file an affidavit explaining the reasons for charging the PSUs.
At the previous hearing on March 17, the apex court had scrapped the self-assessment of AGR dues<\/a> by the telcos. But in a relief to the likes of Vodafone Idea, Bharti Airtel and Tata Teleservices, it agreed to consider the government’s plea to allow carriers to stagger the payment of dues over a maximum 20 years. The formula also includes freezing interest and penalty components as they stood on October 24, 2019, when the Supreme Court pronounced the order expanding the scope of AGR to include non-core items.
Mehta told the court that any attempt to recover dues in one go could disrupt the telecom sector, hurting consumers.
Migrating consumers to other operators will not be seamless, he said, justifying the move to seek a 20-year recovery window.
“The current AGR judgement for telcos to chart a payment roadmap – staggered over a defined timeline with adequate security\/guarantee of spectrum, network equipment, including recoverables from the government of India can be considered as an effective option for security collaterals,” said Prashant Singhal, TMT emerging markets leader at consultancy firm EY. “Telecom is a regulated sector with telcos operating under licenses issued by the DoT. Any default by telcos can have a bearing and thus the licenses act as an implicit guarantee, either which way.”
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<\/a><\/figure>Vodafone Idea doubled in a month but AGR case outcome is key<\/a><\/h5><\/div><\/a><\/figure>Vodafone Idea to SC: Don't have enough money to pay salaries, run operations<\/a><\/h5><\/div><\/a><\/figure>Demand for AGR dues from PSUs totally impermissible: Supreme Court to DoT<\/a><\/h5><\/div><\/a><\/figure>Justice Mishra can't get over how SC ruling on AGR 'used & misused'<\/a><\/h5><\/div><\/div><\/div>
The bench was critical of the government move to impose similar AGR demands on state-owned companies such as GAIL and Power Grid Corp. and wanted these waived.
Mishra wondered how these charges had been invoked against them after 30 years as the court’s ruling had been made against the private telcos<\/a>. He said that the order of October 24 last year did not mention PSUs at all.
“We will request you to withdraw the demand on PSUs, otherwise we will take strict action. Outright misuse of our verdict,” Mishra said. “You are making demand of Rs 4 lakh crore. This is wholly and totally impermissible.”
He seemed to suggest that this had been done as an afterthought following the October ruling and threatened to take action against DoT officials responsible for passing such orders.
“Every day I think about how our judgement has been used and misused,” Mishra said.
Mehta defended the move and said their business agreements with DoT envisaged such licence and spectrum usage charges. He conceded that the PSUs were not telecom companies and were not using spectrum for commercial exploitation and needed to be treated differently from private telcos.
The solicitor general initially asked the court to clarify that its judgement in the AGR case<\/a> would not apply to PSUs, but the bench refused to pass any such orders and placed the onus on the government to treat state-run companies separately. Mehta then offered to file an affidavit explaining the reasons for charging the PSUs.
At the previous hearing on March 17, the apex court had scrapped the self-assessment of AGR dues<\/a> by the telcos. But in a relief to the likes of Vodafone Idea, Bharti Airtel and Tata Teleservices, it agreed to consider the government’s plea to allow carriers to stagger the payment of dues over a maximum 20 years. The formula also includes freezing interest and penalty components as they stood on October 24, 2019, when the Supreme Court pronounced the order expanding the scope of AGR to include non-core items.
Mehta told the court that any attempt to recover dues in one go could disrupt the telecom sector, hurting consumers.
Migrating consumers to other operators will not be seamless, he said, justifying the move to seek a 20-year recovery window.
“The current AGR judgement for telcos to chart a payment roadmap – staggered over a defined timeline with adequate security\/guarantee of spectrum, network equipment, including recoverables from the government of India can be considered as an effective option for security collaterals,” said Prashant Singhal, TMT emerging markets leader at consultancy firm EY. “Telecom is a regulated sector with telcos operating under licenses issued by the DoT. Any default by telcos can have a bearing and thus the licenses act as an implicit guarantee, either which way.”
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新德里:最高法院裁决调整后总收入(AGR)不应该被用于实施许可及频谱使用费用价值4十万的卢比在公共部门单位(电源)与征收私人电信公司。它要求电信部(点)三天内重新考虑这一决定。
板凳上要求私营电信公司提交证券,事业和担保AGR-based费价值约1.7十万的卢比按照2019年10月执政之前会考虑允许他们一个合理的窗口支付钱。
“显然,牌照是不同的,在这种情况下我们的判断不可能了对电源的需求提高的基础,”法官说。“即使否则电源没有实际业务为公众提供移动服务。”
由三名法官组成的板凳为首的正义阿伦Mishra表示怀疑政府计划允许交错复苏AGR-related会费最多20多年的私人电话公司。然而,它要求航空公司提交付款计划为他们的会费——包括许可费、频谱使用费用(往下),罚款和利息,他们将提供的证券作为担保下听力6月18日之前。
他们将不得不文件关于担保和联合证词五天当他们提出支付,订单上传在网站上说。板凳将检查支付一个合理的时间框架是什么,如何确保这些是由证券需要备份它们。
“什么是保障电信公司将支付的时间吗?如果一个公司进入清算?谁来支付?在法庭上“Mishra问。“诉讼开始于1999年;20年已经过去了。”沙先生与Mishra在板凳上被法官和S Abdul岬角。
副检察长Mehta建议印度法院可以从运营商寻求“事业”。
高级成员Mukul Rohatgi倡导者表示,沃达丰的想法将无法提供任何银行担保,鉴于其财务状况。他说,许可证和频谱是最好的安全费超过Rs58,000卢比,电信部(点)从公司寻求。
“我们不能给银行担保。我们甚至没有足够的钱来支付我们的员工和满足我们的费用,”他声称,提供支持他的证词陈述。现金拮据的电信,多次警告说,如果破产了AGR费一箭,已支付近Rs7,000卢比。
Mishra是不服气。“找出安全可以装饰…个人财产的……其他的我们不能考虑给时间,”他说。
通过高级提倡阿布Manu Singhvi Bharti Airtel,说它支付了所有的Rs13,004卢比的欠据自己的计算。telco-faced点的需求近Rs44,000卢比——将仍然欠付的金额确认,他说。
高级提倡Arvind塔尔塔塔电信业务——面临着需求出现近Rs17,000卢比,它已经支付Rs4,197卢比的文件他的回答——寻求更多的时间。休斯通讯在本案中由谁代理高级Kapil Sibal倡导者。
Bharti Airtel股价下跌2.8%在周四关闭Rs551.60疯牛病。沃达丰(Vodafone)下跌13.2%,至Rs9.39想法。
读也
椅子是批评政府的举措实施类似的AGR要求国有企业如盖尔和电网公司和想要放弃。
Mishra对他们想知道这些指控被调用后30年的法院的裁决对私人了电信公司。他说,去年10月24日的顺序没有提到的吧。
“我们将请求你撤销对电源的需求,否则我们将采取严格的措施。Mishra说直接滥用我们的判决。”“你正在要求4十万的卢比。这是完全和完全不允许的。”
他似乎表明,这样做已经是想了想后,10月判决,并威胁采取行动对点官员负责传递这样的订单。
“每天我想想我们的判断已经使用和滥用,”Mishra说。
梅塔与点为此举辩护,说他们的业务协议设想这样的执照和频谱使用费用。他承认,电源没有电信公司和商业剥削和没有使用频谱从私人电信公司需要区别对待。
总检察长最初要求法院澄清,其判断的AGR案例将不适用于电源,但法官拒绝通过任何此类订单并将其归咎于政府分别对国有企业。梅塔然后提出书面文件解释收费的原因吧。
在之前的听证会上3月17日,法院已经报废的自我评估AGR费电信公司。但在救援的沃达丰的想法,Bharti Airtel和塔塔电信业务,它同意考虑政府的请求允许运营商交错在最高20年会费的支付。公式还包括冻结利息和罚款组件,因为他们站在10月24日,2019年,最高法院宣布订单AGR的范围扩大到包括非核心项目。
梅塔告诉法庭,任何试图恢复费可能会扰乱电信部门,伤害消费者。
消费者迁移到其他运营商不会一帆风顺,他说,证明此举寻求20年恢复窗口。
“电信公司当前的AGR判断图付款路线图-交错在定义的时间轴与足够的安全/保证频谱,网络设备,包括来自印度政府的可恢复的可以被认为是一个有效的选择安全络脉,“Prashant Singhal说,TMT新兴市场领袖咨询公司)等等。“电信监管部门颁发的许可下与电信公司操作点。任何违约电信公司可以有一个轴承,因此许可作为一个隐含担保,无论是哪个方向。”
<\/span><\/figcaption><\/figure>New Delhi: The Supreme Court said its ruling on adjusted gross revenue (AGR) should not have been used to impose licence and spectrum usage charges worth Rs 4 lakh crore on public sector units (PSUs) on par with those levied on private telecom companies. It asked the Department of Telecommunications (DoT) to reconsider the decision in three days.
The bench asked the private telecom companies to submit securities, undertakings and guarantees against AGR-based dues worth around Rs 1.7 lakh crore as per the October 2019 ruling before it would consider allowing them a reasonable window to pay the money.
“It is apparent that the licences are different and our judgement in this case could not have been made the basis for raising the demand against the PSUs,” the bench said. “Even otherwise the PSUs are not in actual business of providing mobile services to the general public.”
The three-judge bench led by justice Arun Mishra expressed scepticism about the government plan to allow staggered recovery of AGR-related dues over a maximum 20 years from the private phone companies. However, it asked the carriers to submit a payment schedule for their dues--which include licence fees, spectrum usage charges (SUC), penalties and interest--and the securities they would offer as guarantees before the next hearing on June 18.
They will have to file a joint affidavit in five days regarding the guarantees and when they propose to pay, the order uploaded on the website said. The bench will examine what would be a reasonable time frame for payments, how to ensure these are made and what securities are needed to back them up.
“What is the guarantee telcos<\/a> will pay in that time? What if one of the companies goes into liquidation? Who will pay?” Mishra had asked in court. “Litigation started in 1999; 20 years have already gone.” Alongside Mishra on the bench were justices MR Shah and S Abdul Nazeer.
Solicitor general Tushar Mehta suggested that the court could seek “undertakings” from the operators.
Senior advocate Mukul Rohatgi said that Vodafone Idea would not be able to provide any bank guarantees, given its financial state. He said that licences and spectrum were the best security against dues of over Rs58,000 crore that the Department of Telecommunications (DoT) has sought from the company.
“We can’t give bank guarantees. We don’t have enough money to even pay our employees and meet our expenses,” he claimed, offering to back his statement with an affidavit. The cash-strapped telco, which has on several occasions warned of going bust if made to pay AGR dues<\/a> in one shot, has paid nearly Rs7,000 crore so far.
Mishra was unconvinced. “Find out what security can be furnished… personal property of directors... Else we cannot consider giving time,” he said.
Bharti Airtel, through senior advocate Abhishek Manu Singhvi, said that it had paid all of the Rs13,004 crore owes according to its own calculation. The telco–faced with DoT’s demand of nearly Rs44,000 crore--will confirm the amount that’s still owed and pay that, he said.
Senior advocate Arvind Datar appearing for Tata Teleservices--which faces a demand of nearly Rs17,000 crore, of which it has paid Rs4,197 crore--sought more time to file his reply. Hughes Communications was represented in the case by senior advocate Kapil Sibal.
Bharti Airtel shares dropped 2.8% to Rs551.60 at the Thursday close on the BSE. Vodafone Idea fell 13.2% to Rs9.39.
Read also<\/h4><\/a><\/figure>Vodafone Idea doubled in a month but AGR case outcome is key<\/a><\/h5><\/div><\/a><\/figure>Vodafone Idea to SC: Don't have enough money to pay salaries, run operations<\/a><\/h5><\/div><\/a><\/figure>Demand for AGR dues from PSUs totally impermissible: Supreme Court to DoT<\/a><\/h5><\/div><\/a><\/figure>Justice Mishra can't get over how SC ruling on AGR 'used & misused'<\/a><\/h5><\/div><\/div><\/div>
The bench was critical of the government move to impose similar AGR demands on state-owned companies such as GAIL and Power Grid Corp. and wanted these waived.
Mishra wondered how these charges had been invoked against them after 30 years as the court’s ruling had been made against the private telcos<\/a>. He said that the order of October 24 last year did not mention PSUs at all.
“We will request you to withdraw the demand on PSUs, otherwise we will take strict action. Outright misuse of our verdict,” Mishra said. “You are making demand of Rs 4 lakh crore. This is wholly and totally impermissible.”
He seemed to suggest that this had been done as an afterthought following the October ruling and threatened to take action against DoT officials responsible for passing such orders.
“Every day I think about how our judgement has been used and misused,” Mishra said.
Mehta defended the move and said their business agreements with DoT envisaged such licence and spectrum usage charges. He conceded that the PSUs were not telecom companies and were not using spectrum for commercial exploitation and needed to be treated differently from private telcos.
The solicitor general initially asked the court to clarify that its judgement in the AGR case<\/a> would not apply to PSUs, but the bench refused to pass any such orders and placed the onus on the government to treat state-run companies separately. Mehta then offered to file an affidavit explaining the reasons for charging the PSUs.
At the previous hearing on March 17, the apex court had scrapped the self-assessment of AGR dues<\/a> by the telcos. But in a relief to the likes of Vodafone Idea, Bharti Airtel and Tata Teleservices, it agreed to consider the government’s plea to allow carriers to stagger the payment of dues over a maximum 20 years. The formula also includes freezing interest and penalty components as they stood on October 24, 2019, when the Supreme Court pronounced the order expanding the scope of AGR to include non-core items.
Mehta told the court that any attempt to recover dues in one go could disrupt the telecom sector, hurting consumers.
Migrating consumers to other operators will not be seamless, he said, justifying the move to seek a 20-year recovery window.
“The current AGR judgement for telcos to chart a payment roadmap – staggered over a defined timeline with adequate security\/guarantee of spectrum, network equipment, including recoverables from the government of India can be considered as an effective option for security collaterals,” said Prashant Singhal, TMT emerging markets leader at consultancy firm EY. “Telecom is a regulated sector with telcos operating under licenses issued by the DoT. Any default by telcos can have a bearing and thus the licenses act as an implicit guarantee, either which way.”
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<\/a><\/figure>Vodafone Idea to SC: Don't have enough money to pay salaries, run operations<\/a><\/h5><\/div><\/a><\/figure>Demand for AGR dues from PSUs totally impermissible: Supreme Court to DoT<\/a><\/h5><\/div><\/a><\/figure>Justice Mishra can't get over how SC ruling on AGR 'used & misused'<\/a><\/h5><\/div><\/div><\/div>
The bench was critical of the government move to impose similar AGR demands on state-owned companies such as GAIL and Power Grid Corp. and wanted these waived.
Mishra wondered how these charges had been invoked against them after 30 years as the court’s ruling had been made against the private telcos<\/a>. He said that the order of October 24 last year did not mention PSUs at all.
“We will request you to withdraw the demand on PSUs, otherwise we will take strict action. Outright misuse of our verdict,” Mishra said. “You are making demand of Rs 4 lakh crore. This is wholly and totally impermissible.”
He seemed to suggest that this had been done as an afterthought following the October ruling and threatened to take action against DoT officials responsible for passing such orders.
“Every day I think about how our judgement has been used and misused,” Mishra said.
Mehta defended the move and said their business agreements with DoT envisaged such licence and spectrum usage charges. He conceded that the PSUs were not telecom companies and were not using spectrum for commercial exploitation and needed to be treated differently from private telcos.
The solicitor general initially asked the court to clarify that its judgement in the AGR case<\/a> would not apply to PSUs, but the bench refused to pass any such orders and placed the onus on the government to treat state-run companies separately. Mehta then offered to file an affidavit explaining the reasons for charging the PSUs.
At the previous hearing on March 17, the apex court had scrapped the self-assessment of AGR dues<\/a> by the telcos. But in a relief to the likes of Vodafone Idea, Bharti Airtel and Tata Teleservices, it agreed to consider the government’s plea to allow carriers to stagger the payment of dues over a maximum 20 years. The formula also includes freezing interest and penalty components as they stood on October 24, 2019, when the Supreme Court pronounced the order expanding the scope of AGR to include non-core items.
Mehta told the court that any attempt to recover dues in one go could disrupt the telecom sector, hurting consumers.
Migrating consumers to other operators will not be seamless, he said, justifying the move to seek a 20-year recovery window.
“The current AGR judgement for telcos to chart a payment roadmap – staggered over a defined timeline with adequate security\/guarantee of spectrum, network equipment, including recoverables from the government of India can be considered as an effective option for security collaterals,” said Prashant Singhal, TMT emerging markets leader at consultancy firm EY. “Telecom is a regulated sector with telcos operating under licenses issued by the DoT. Any default by telcos can have a bearing and thus the licenses act as an implicit guarantee, either which way.”
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新德里:最高法院裁决调整后总收入(AGR)不应该被用于实施许可及频谱使用费用价值4十万的卢比在公共部门单位(电源)与征收私人电信公司。它要求电信部(点)三天内重新考虑这一决定。
板凳上要求私营电信公司提交证券,事业和担保AGR-based费价值约1.7十万的卢比按照2019年10月执政之前会考虑允许他们一个合理的窗口支付钱。
“显然,牌照是不同的,在这种情况下我们的判断不可能了对电源的需求提高的基础,”法官说。“即使否则电源没有实际业务为公众提供移动服务。”
由三名法官组成的板凳为首的正义阿伦Mishra表示怀疑政府计划允许交错复苏AGR-related会费最多20多年的私人电话公司。然而,它要求航空公司提交付款计划为他们的会费——包括许可费、频谱使用费用(往下),罚款和利息,他们将提供的证券作为担保下听力6月18日之前。
他们将不得不文件关于担保和联合证词五天当他们提出支付,订单上传在网站上说。板凳将检查支付一个合理的时间框架是什么,如何确保这些是由证券需要备份它们。
“什么是保障电信公司将支付的时间吗?如果一个公司进入清算?谁来支付?在法庭上“Mishra问。“诉讼开始于1999年;20年已经过去了。”沙先生与Mishra在板凳上被法官和S Abdul岬角。
副检察长Mehta建议印度法院可以从运营商寻求“事业”。
高级成员Mukul Rohatgi倡导者表示,沃达丰的想法将无法提供任何银行担保,鉴于其财务状况。他说,许可证和频谱是最好的安全费超过Rs58,000卢比,电信部(点)从公司寻求。
“我们不能给银行担保。我们甚至没有足够的钱来支付我们的员工和满足我们的费用,”他声称,提供支持他的证词陈述。现金拮据的电信,多次警告说,如果破产了AGR费一箭,已支付近Rs7,000卢比。
Mishra是不服气。“找出安全可以装饰…个人财产的……其他的我们不能考虑给时间,”他说。
通过高级提倡阿布Manu Singhvi Bharti Airtel,说它支付了所有的Rs13,004卢比的欠据自己的计算。telco-faced点的需求近Rs44,000卢比——将仍然欠付的金额确认,他说。
高级提倡Arvind塔尔塔塔电信业务——面临着需求出现近Rs17,000卢比,它已经支付Rs4,197卢比的文件他的回答——寻求更多的时间。休斯通讯在本案中由谁代理高级Kapil Sibal倡导者。
Bharti Airtel股价下跌2.8%在周四关闭Rs551.60疯牛病。沃达丰(Vodafone)下跌13.2%,至Rs9.39想法。
读也
椅子是批评政府的举措实施类似的AGR要求国有企业如盖尔和电网公司和想要放弃。
Mishra对他们想知道这些指控被调用后30年的法院的裁决对私人了电信公司。他说,去年10月24日的顺序没有提到的吧。
“我们将请求你撤销对电源的需求,否则我们将采取严格的措施。Mishra说直接滥用我们的判决。”“你正在要求4十万的卢比。这是完全和完全不允许的。”
他似乎表明,这样做已经是想了想后,10月判决,并威胁采取行动对点官员负责传递这样的订单。
“每天我想想我们的判断已经使用和滥用,”Mishra说。
梅塔与点为此举辩护,说他们的业务协议设想这样的执照和频谱使用费用。他承认,电源没有电信公司和商业剥削和没有使用频谱从私人电信公司需要区别对待。
总检察长最初要求法院澄清,其判断的AGR案例将不适用于电源,但法官拒绝通过任何此类订单并将其归咎于政府分别对国有企业。梅塔然后提出书面文件解释收费的原因吧。
在之前的听证会上3月17日,法院已经报废的自我评估AGR费电信公司。但在救援的沃达丰的想法,Bharti Airtel和塔塔电信业务,它同意考虑政府的请求允许运营商交错在最高20年会费的支付。公式还包括冻结利息和罚款组件,因为他们站在10月24日,2019年,最高法院宣布订单AGR的范围扩大到包括非核心项目。
梅塔告诉法庭,任何试图恢复费可能会扰乱电信部门,伤害消费者。
消费者迁移到其他运营商不会一帆风顺,他说,证明此举寻求20年恢复窗口。
“电信公司当前的AGR判断图付款路线图-交错在定义的时间轴与足够的安全/保证频谱,网络设备,包括来自印度政府的可恢复的可以被认为是一个有效的选择安全络脉,“Prashant Singhal说,TMT新兴市场领袖咨询公司)等等。“电信监管部门颁发的许可下与电信公司操作点。任何违约电信公司可以有一个轴承,因此许可作为一个隐含担保,无论是哪个方向。”
<\/span><\/figcaption><\/figure>New Delhi: The Supreme Court said its ruling on adjusted gross revenue (AGR) should not have been used to impose licence and spectrum usage charges worth Rs 4 lakh crore on public sector units (PSUs) on par with those levied on private telecom companies. It asked the Department of Telecommunications (DoT) to reconsider the decision in three days.
The bench asked the private telecom companies to submit securities, undertakings and guarantees against AGR-based dues worth around Rs 1.7 lakh crore as per the October 2019 ruling before it would consider allowing them a reasonable window to pay the money.
“It is apparent that the licences are different and our judgement in this case could not have been made the basis for raising the demand against the PSUs,” the bench said. “Even otherwise the PSUs are not in actual business of providing mobile services to the general public.”
The three-judge bench led by justice Arun Mishra expressed scepticism about the government plan to allow staggered recovery of AGR-related dues over a maximum 20 years from the private phone companies. However, it asked the carriers to submit a payment schedule for their dues--which include licence fees, spectrum usage charges (SUC), penalties and interest--and the securities they would offer as guarantees before the next hearing on June 18.
They will have to file a joint affidavit in five days regarding the guarantees and when they propose to pay, the order uploaded on the website said. The bench will examine what would be a reasonable time frame for payments, how to ensure these are made and what securities are needed to back them up.
“What is the guarantee telcos<\/a> will pay in that time? What if one of the companies goes into liquidation? Who will pay?” Mishra had asked in court. “Litigation started in 1999; 20 years have already gone.” Alongside Mishra on the bench were justices MR Shah and S Abdul Nazeer.
Solicitor general Tushar Mehta suggested that the court could seek “undertakings” from the operators.
Senior advocate Mukul Rohatgi said that Vodafone Idea would not be able to provide any bank guarantees, given its financial state. He said that licences and spectrum were the best security against dues of over Rs58,000 crore that the Department of Telecommunications (DoT) has sought from the company.
“We can’t give bank guarantees. We don’t have enough money to even pay our employees and meet our expenses,” he claimed, offering to back his statement with an affidavit. The cash-strapped telco, which has on several occasions warned of going bust if made to pay AGR dues<\/a> in one shot, has paid nearly Rs7,000 crore so far.
Mishra was unconvinced. “Find out what security can be furnished… personal property of directors... Else we cannot consider giving time,” he said.
Bharti Airtel, through senior advocate Abhishek Manu Singhvi, said that it had paid all of the Rs13,004 crore owes according to its own calculation. The telco–faced with DoT’s demand of nearly Rs44,000 crore--will confirm the amount that’s still owed and pay that, he said.
Senior advocate Arvind Datar appearing for Tata Teleservices--which faces a demand of nearly Rs17,000 crore, of which it has paid Rs4,197 crore--sought more time to file his reply. Hughes Communications was represented in the case by senior advocate Kapil Sibal.
Bharti Airtel shares dropped 2.8% to Rs551.60 at the Thursday close on the BSE. Vodafone Idea fell 13.2% to Rs9.39.
Read also<\/h4><\/a><\/figure>Vodafone Idea doubled in a month but AGR case outcome is key<\/a><\/h5><\/div><\/a><\/figure>Vodafone Idea to SC: Don't have enough money to pay salaries, run operations<\/a><\/h5><\/div><\/a><\/figure>Demand for AGR dues from PSUs totally impermissible: Supreme Court to DoT<\/a><\/h5><\/div><\/a><\/figure>Justice Mishra can't get over how SC ruling on AGR 'used & misused'<\/a><\/h5><\/div><\/div><\/div>
The bench was critical of the government move to impose similar AGR demands on state-owned companies such as GAIL and Power Grid Corp. and wanted these waived.
Mishra wondered how these charges had been invoked against them after 30 years as the court’s ruling had been made against the private telcos<\/a>. He said that the order of October 24 last year did not mention PSUs at all.
“We will request you to withdraw the demand on PSUs, otherwise we will take strict action. Outright misuse of our verdict,” Mishra said. “You are making demand of Rs 4 lakh crore. This is wholly and totally impermissible.”
He seemed to suggest that this had been done as an afterthought following the October ruling and threatened to take action against DoT officials responsible for passing such orders.
“Every day I think about how our judgement has been used and misused,” Mishra said.
Mehta defended the move and said their business agreements with DoT envisaged such licence and spectrum usage charges. He conceded that the PSUs were not telecom companies and were not using spectrum for commercial exploitation and needed to be treated differently from private telcos.
The solicitor general initially asked the court to clarify that its judgement in the AGR case<\/a> would not apply to PSUs, but the bench refused to pass any such orders and placed the onus on the government to treat state-run companies separately. Mehta then offered to file an affidavit explaining the reasons for charging the PSUs.
At the previous hearing on March 17, the apex court had scrapped the self-assessment of AGR dues<\/a> by the telcos. But in a relief to the likes of Vodafone Idea, Bharti Airtel and Tata Teleservices, it agreed to consider the government’s plea to allow carriers to stagger the payment of dues over a maximum 20 years. The formula also includes freezing interest and penalty components as they stood on October 24, 2019, when the Supreme Court pronounced the order expanding the scope of AGR to include non-core items.
Mehta told the court that any attempt to recover dues in one go could disrupt the telecom sector, hurting consumers.
Migrating consumers to other operators will not be seamless, he said, justifying the move to seek a 20-year recovery window.
“The current AGR judgement for telcos to chart a payment roadmap – staggered over a defined timeline with adequate security\/guarantee of spectrum, network equipment, including recoverables from the government of India can be considered as an effective option for security collaterals,” said Prashant Singhal, TMT emerging markets leader at consultancy firm EY. “Telecom is a regulated sector with telcos operating under licenses issued by the DoT. Any default by telcos can have a bearing and thus the licenses act as an implicit guarantee, either which way.”
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<\/a><\/figure>Demand for AGR dues from PSUs totally impermissible: Supreme Court to DoT<\/a><\/h5><\/div><\/a><\/figure>Justice Mishra can't get over how SC ruling on AGR 'used & misused'<\/a><\/h5><\/div><\/div><\/div>
The bench was critical of the government move to impose similar AGR demands on state-owned companies such as GAIL and Power Grid Corp. and wanted these waived.
Mishra wondered how these charges had been invoked against them after 30 years as the court’s ruling had been made against the private telcos<\/a>. He said that the order of October 24 last year did not mention PSUs at all.
“We will request you to withdraw the demand on PSUs, otherwise we will take strict action. Outright misuse of our verdict,” Mishra said. “You are making demand of Rs 4 lakh crore. This is wholly and totally impermissible.”
He seemed to suggest that this had been done as an afterthought following the October ruling and threatened to take action against DoT officials responsible for passing such orders.
“Every day I think about how our judgement has been used and misused,” Mishra said.
Mehta defended the move and said their business agreements with DoT envisaged such licence and spectrum usage charges. He conceded that the PSUs were not telecom companies and were not using spectrum for commercial exploitation and needed to be treated differently from private telcos.
The solicitor general initially asked the court to clarify that its judgement in the AGR case<\/a> would not apply to PSUs, but the bench refused to pass any such orders and placed the onus on the government to treat state-run companies separately. Mehta then offered to file an affidavit explaining the reasons for charging the PSUs.
At the previous hearing on March 17, the apex court had scrapped the self-assessment of AGR dues<\/a> by the telcos. But in a relief to the likes of Vodafone Idea, Bharti Airtel and Tata Teleservices, it agreed to consider the government’s plea to allow carriers to stagger the payment of dues over a maximum 20 years. The formula also includes freezing interest and penalty components as they stood on October 24, 2019, when the Supreme Court pronounced the order expanding the scope of AGR to include non-core items.
Mehta told the court that any attempt to recover dues in one go could disrupt the telecom sector, hurting consumers.
Migrating consumers to other operators will not be seamless, he said, justifying the move to seek a 20-year recovery window.
“The current AGR judgement for telcos to chart a payment roadmap – staggered over a defined timeline with adequate security\/guarantee of spectrum, network equipment, including recoverables from the government of India can be considered as an effective option for security collaterals,” said Prashant Singhal, TMT emerging markets leader at consultancy firm EY. “Telecom is a regulated sector with telcos operating under licenses issued by the DoT. Any default by telcos can have a bearing and thus the licenses act as an implicit guarantee, either which way.”
<\/body>","next_sibling":[{"msid":76318329,"title":"Vodafone Idea to SC: Don't have enough money to pay salaries, run operations","entity_type":"ARTICLE","link":"\/news\/agr-case-not-enough-money-to-pay-salaries-run-operations-vodafone-idea-tells-supreme-court\/76318329","category_name":null,"category_name_seo":"telecomnews"}],"related_content":[{"msid":"73273673","title":"India's telecom sector in a rewind; everything from AGR, BSNL revival, 5G, IUC to tariff hikes in 2019","entity_type":"PHOTOGALLERYSLIDESHOWSECTION","seopath":"slide-shows\/indias-telecom-sector-in-a-rewind-everything-from-agr-bsnl-revival-5g-iuc-to-tariff-hikes-in-2019","category_name":"Slide-Shows","synopsis":"ETT brings a slideshow on Indian telecom sector developments in 2019","thumb":"https:\/\/etimg.etb2bimg.com\/thumb\/img-size-3313303\/73273673.cms?width=150&height=112","link":"\/slide-shows\/indias-telecom-sector-in-a-rewind-everything-from-agr-bsnl-revival-5g-iuc-to-tariff-hikes-in-2019\/73273673"}],"msid":76318420,"entity_type":"ARTICLE","title":"SC says AGR ruling not applicable to PSUs, asks govt to reconsider charges in 3 days","synopsis":"Court sceptical of govt plan to give telcos 20 years to pay, seeks payment guarantees from pvt telcos to pay up within reasonable time. ","titleseo":"telecomnews\/sc-sceptical-of-govts-20-year-recovery-plan-from-telcos-wants-dues-of-psus-waived-off","status":"ACTIVE","authors":[{"author_name":"Samanwaya Rautray","author_link":"\/author\/479228156\/samanwaya-rautray","author_image":"https:\/\/etimg.etb2bimg.com\/authorthumb\/479228156.cms?width=100&height=100","author_additional":{"thumbsize":false,"msid":479228156,"author_name":"Samanwaya Rautray","author_seo_name":"samanwaya-rautray","designation":"Editor","agency":false}}],"analytics":{"comments":0,"views":4735,"shares":0,"engagementtimems":23319000},"Alttitle":{"minfo":""},"artag":"ETTelecom","artdate":"2020-06-11 14:19:22","lastupd":"2020-06-12 09:15:34","breadcrumbTags":["AGR case","SC","20 years recovery plan","PSU","PSU dues","sc agr verdict","telcos","agr dues","telecom news","policy"],"secinfo":{"seolocation":"telecomnews\/sc-sceptical-of-govts-20-year-recovery-plan-from-telcos-wants-dues-of-psus-waived-off"}}" data-authors="[" samanwaya rautray"]" data-category-name="" data-category_id="" data-date="2020-06-11" data-index="article_1">
新德里:最高法院裁决调整后总收入(AGR)不应该被用于实施许可及频谱使用费用价值4十万的卢比在公共部门单位(电源)与征收私人电信公司。它要求电信部(点)三天内重新考虑这一决定。
板凳上要求私营电信公司提交证券,事业和担保AGR-based费价值约1.7十万的卢比按照2019年10月执政之前会考虑允许他们一个合理的窗口支付钱。
“显然,牌照是不同的,在这种情况下我们的判断不可能了对电源的需求提高的基础,”法官说。“即使否则电源没有实际业务为公众提供移动服务。”
由三名法官组成的板凳为首的正义阿伦Mishra表示怀疑政府计划允许交错复苏AGR-related会费最多20多年的私人电话公司。然而,它要求航空公司提交付款计划为他们的会费——包括许可费、频谱使用费用(往下),罚款和利息,他们将提供的证券作为担保下听力6月18日之前。
他们将不得不文件关于担保和联合证词五天当他们提出支付,订单上传在网站上说。板凳将检查支付一个合理的时间框架是什么,如何确保这些是由证券需要备份它们。
“什么是保障电信公司将支付的时间吗?如果一个公司进入清算?谁来支付?在法庭上“Mishra问。“诉讼开始于1999年;20年已经过去了。”沙先生与Mishra在板凳上被法官和S Abdul岬角。
副检察长Mehta建议印度法院可以从运营商寻求“事业”。
高级成员Mukul Rohatgi倡导者表示,沃达丰的想法将无法提供任何银行担保,鉴于其财务状况。他说,许可证和频谱是最好的安全费超过Rs58,000卢比,电信部(点)从公司寻求。
“我们不能给银行担保。我们甚至没有足够的钱来支付我们的员工和满足我们的费用,”他声称,提供支持他的证词陈述。现金拮据的电信,多次警告说,如果破产了AGR费一箭,已支付近Rs7,000卢比。
Mishra是不服气。“找出安全可以装饰…个人财产的……其他的我们不能考虑给时间,”他说。
通过高级提倡阿布Manu Singhvi Bharti Airtel,说它支付了所有的Rs13,004卢比的欠据自己的计算。telco-faced点的需求近Rs44,000卢比——将仍然欠付的金额确认,他说。
高级提倡Arvind塔尔塔塔电信业务——面临着需求出现近Rs17,000卢比,它已经支付Rs4,197卢比的文件他的回答——寻求更多的时间。休斯通讯在本案中由谁代理高级Kapil Sibal倡导者。
Bharti Airtel股价下跌2.8%在周四关闭Rs551.60疯牛病。沃达丰(Vodafone)下跌13.2%,至Rs9.39想法。
读也
椅子是批评政府的举措实施类似的AGR要求国有企业如盖尔和电网公司和想要放弃。
Mishra对他们想知道这些指控被调用后30年的法院的裁决对私人了电信公司。他说,去年10月24日的顺序没有提到的吧。
“我们将请求你撤销对电源的需求,否则我们将采取严格的措施。Mishra说直接滥用我们的判决。”“你正在要求4十万的卢比。这是完全和完全不允许的。”
他似乎表明,这样做已经是想了想后,10月判决,并威胁采取行动对点官员负责传递这样的订单。
“每天我想想我们的判断已经使用和滥用,”Mishra说。
梅塔与点为此举辩护,说他们的业务协议设想这样的执照和频谱使用费用。他承认,电源没有电信公司和商业剥削和没有使用频谱从私人电信公司需要区别对待。
总检察长最初要求法院澄清,其判断的AGR案例将不适用于电源,但法官拒绝通过任何此类订单并将其归咎于政府分别对国有企业。梅塔然后提出书面文件解释收费的原因吧。
在之前的听证会上3月17日,法院已经报废的自我评估AGR费电信公司。但在救援的沃达丰的想法,Bharti Airtel和塔塔电信业务,它同意考虑政府的请求允许运营商交错在最高20年会费的支付。公式还包括冻结利息和罚款组件,因为他们站在10月24日,2019年,最高法院宣布订单AGR的范围扩大到包括非核心项目。
梅塔告诉法庭,任何试图恢复费可能会扰乱电信部门,伤害消费者。
消费者迁移到其他运营商不会一帆风顺,他说,证明此举寻求20年恢复窗口。
“电信公司当前的AGR判断图付款路线图-交错在定义的时间轴与足够的安全/保证频谱,网络设备,包括来自印度政府的可恢复的可以被认为是一个有效的选择安全络脉,“Prashant Singhal说,TMT新兴市场领袖咨询公司)等等。“电信监管部门颁发的许可下与电信公司操作点。任何违约电信公司可以有一个轴承,因此许可作为一个隐含担保,无论是哪个方向。”
<\/span><\/figcaption><\/figure>New Delhi: The Supreme Court said its ruling on adjusted gross revenue (AGR) should not have been used to impose licence and spectrum usage charges worth Rs 4 lakh crore on public sector units (PSUs) on par with those levied on private telecom companies. It asked the Department of Telecommunications (DoT) to reconsider the decision in three days.
The bench asked the private telecom companies to submit securities, undertakings and guarantees against AGR-based dues worth around Rs 1.7 lakh crore as per the October 2019 ruling before it would consider allowing them a reasonable window to pay the money.
“It is apparent that the licences are different and our judgement in this case could not have been made the basis for raising the demand against the PSUs,” the bench said. “Even otherwise the PSUs are not in actual business of providing mobile services to the general public.”
The three-judge bench led by justice Arun Mishra expressed scepticism about the government plan to allow staggered recovery of AGR-related dues over a maximum 20 years from the private phone companies. However, it asked the carriers to submit a payment schedule for their dues--which include licence fees, spectrum usage charges (SUC), penalties and interest--and the securities they would offer as guarantees before the next hearing on June 18.
They will have to file a joint affidavit in five days regarding the guarantees and when they propose to pay, the order uploaded on the website said. The bench will examine what would be a reasonable time frame for payments, how to ensure these are made and what securities are needed to back them up.
“What is the guarantee telcos<\/a> will pay in that time? What if one of the companies goes into liquidation? Who will pay?” Mishra had asked in court. “Litigation started in 1999; 20 years have already gone.” Alongside Mishra on the bench were justices MR Shah and S Abdul Nazeer.
Solicitor general Tushar Mehta suggested that the court could seek “undertakings” from the operators.
Senior advocate Mukul Rohatgi said that Vodafone Idea would not be able to provide any bank guarantees, given its financial state. He said that licences and spectrum were the best security against dues of over Rs58,000 crore that the Department of Telecommunications (DoT) has sought from the company.
“We can’t give bank guarantees. We don’t have enough money to even pay our employees and meet our expenses,” he claimed, offering to back his statement with an affidavit. The cash-strapped telco, which has on several occasions warned of going bust if made to pay AGR dues<\/a> in one shot, has paid nearly Rs7,000 crore so far.
Mishra was unconvinced. “Find out what security can be furnished… personal property of directors... Else we cannot consider giving time,” he said.
Bharti Airtel, through senior advocate Abhishek Manu Singhvi, said that it had paid all of the Rs13,004 crore owes according to its own calculation. The telco–faced with DoT’s demand of nearly Rs44,000 crore--will confirm the amount that’s still owed and pay that, he said.
Senior advocate Arvind Datar appearing for Tata Teleservices--which faces a demand of nearly Rs17,000 crore, of which it has paid Rs4,197 crore--sought more time to file his reply. Hughes Communications was represented in the case by senior advocate Kapil Sibal.
Bharti Airtel shares dropped 2.8% to Rs551.60 at the Thursday close on the BSE. Vodafone Idea fell 13.2% to Rs9.39.
Read also<\/h4><\/a><\/figure>Vodafone Idea doubled in a month but AGR case outcome is key<\/a><\/h5><\/div><\/a><\/figure>Vodafone Idea to SC: Don't have enough money to pay salaries, run operations<\/a><\/h5><\/div><\/a><\/figure>Demand for AGR dues from PSUs totally impermissible: Supreme Court to DoT<\/a><\/h5><\/div><\/a><\/figure>Justice Mishra can't get over how SC ruling on AGR 'used & misused'<\/a><\/h5><\/div><\/div><\/div>
The bench was critical of the government move to impose similar AGR demands on state-owned companies such as GAIL and Power Grid Corp. and wanted these waived.
Mishra wondered how these charges had been invoked against them after 30 years as the court’s ruling had been made against the private telcos<\/a>. He said that the order of October 24 last year did not mention PSUs at all.
“We will request you to withdraw the demand on PSUs, otherwise we will take strict action. Outright misuse of our verdict,” Mishra said. “You are making demand of Rs 4 lakh crore. This is wholly and totally impermissible.”
He seemed to suggest that this had been done as an afterthought following the October ruling and threatened to take action against DoT officials responsible for passing such orders.
“Every day I think about how our judgement has been used and misused,” Mishra said.
Mehta defended the move and said their business agreements with DoT envisaged such licence and spectrum usage charges. He conceded that the PSUs were not telecom companies and were not using spectrum for commercial exploitation and needed to be treated differently from private telcos.
The solicitor general initially asked the court to clarify that its judgement in the AGR case<\/a> would not apply to PSUs, but the bench refused to pass any such orders and placed the onus on the government to treat state-run companies separately. Mehta then offered to file an affidavit explaining the reasons for charging the PSUs.
At the previous hearing on March 17, the apex court had scrapped the self-assessment of AGR dues<\/a> by the telcos. But in a relief to the likes of Vodafone Idea, Bharti Airtel and Tata Teleservices, it agreed to consider the government’s plea to allow carriers to stagger the payment of dues over a maximum 20 years. The formula also includes freezing interest and penalty components as they stood on October 24, 2019, when the Supreme Court pronounced the order expanding the scope of AGR to include non-core items.
Mehta told the court that any attempt to recover dues in one go could disrupt the telecom sector, hurting consumers.
Migrating consumers to other operators will not be seamless, he said, justifying the move to seek a 20-year recovery window.
“The current AGR judgement for telcos to chart a payment roadmap – staggered over a defined timeline with adequate security\/guarantee of spectrum, network equipment, including recoverables from the government of India can be considered as an effective option for security collaterals,” said Prashant Singhal, TMT emerging markets leader at consultancy firm EY. “Telecom is a regulated sector with telcos operating under licenses issued by the DoT. Any default by telcos can have a bearing and thus the licenses act as an implicit guarantee, either which way.”
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<\/a><\/figure>Justice Mishra can't get over how SC ruling on AGR 'used & misused'<\/a><\/h5><\/div><\/div><\/div>
The bench was critical of the government move to impose similar AGR demands on state-owned companies such as GAIL and Power Grid Corp. and wanted these waived.
Mishra wondered how these charges had been invoked against them after 30 years as the court’s ruling had been made against the private telcos<\/a>. He said that the order of October 24 last year did not mention PSUs at all.
“We will request you to withdraw the demand on PSUs, otherwise we will take strict action. Outright misuse of our verdict,” Mishra said. “You are making demand of Rs 4 lakh crore. This is wholly and totally impermissible.”
He seemed to suggest that this had been done as an afterthought following the October ruling and threatened to take action against DoT officials responsible for passing such orders.
“Every day I think about how our judgement has been used and misused,” Mishra said.
Mehta defended the move and said their business agreements with DoT envisaged such licence and spectrum usage charges. He conceded that the PSUs were not telecom companies and were not using spectrum for commercial exploitation and needed to be treated differently from private telcos.
The solicitor general initially asked the court to clarify that its judgement in the AGR case<\/a> would not apply to PSUs, but the bench refused to pass any such orders and placed the onus on the government to treat state-run companies separately. Mehta then offered to file an affidavit explaining the reasons for charging the PSUs.
At the previous hearing on March 17, the apex court had scrapped the self-assessment of AGR dues<\/a> by the telcos. But in a relief to the likes of Vodafone Idea, Bharti Airtel and Tata Teleservices, it agreed to consider the government’s plea to allow carriers to stagger the payment of dues over a maximum 20 years. The formula also includes freezing interest and penalty components as they stood on October 24, 2019, when the Supreme Court pronounced the order expanding the scope of AGR to include non-core items.
Mehta told the court that any attempt to recover dues in one go could disrupt the telecom sector, hurting consumers.
Migrating consumers to other operators will not be seamless, he said, justifying the move to seek a 20-year recovery window.
“The current AGR judgement for telcos to chart a payment roadmap – staggered over a defined timeline with adequate security\/guarantee of spectrum, network equipment, including recoverables from the government of India can be considered as an effective option for security collaterals,” said Prashant Singhal, TMT emerging markets leader at consultancy firm EY. “Telecom is a regulated sector with telcos operating under licenses issued by the DoT. Any default by telcos can have a bearing and thus the licenses act as an implicit guarantee, either which way.”
<\/body>","next_sibling":[{"msid":76318329,"title":"Vodafone Idea to SC: Don't have enough money to pay salaries, run operations","entity_type":"ARTICLE","link":"\/news\/agr-case-not-enough-money-to-pay-salaries-run-operations-vodafone-idea-tells-supreme-court\/76318329","category_name":null,"category_name_seo":"telecomnews"}],"related_content":[{"msid":"73273673","title":"India's telecom sector in a rewind; everything from AGR, BSNL revival, 5G, IUC to tariff hikes in 2019","entity_type":"PHOTOGALLERYSLIDESHOWSECTION","seopath":"slide-shows\/indias-telecom-sector-in-a-rewind-everything-from-agr-bsnl-revival-5g-iuc-to-tariff-hikes-in-2019","category_name":"Slide-Shows","synopsis":"ETT brings a slideshow on Indian telecom sector developments in 2019","thumb":"https:\/\/etimg.etb2bimg.com\/thumb\/img-size-3313303\/73273673.cms?width=150&height=112","link":"\/slide-shows\/indias-telecom-sector-in-a-rewind-everything-from-agr-bsnl-revival-5g-iuc-to-tariff-hikes-in-2019\/73273673"}],"msid":76318420,"entity_type":"ARTICLE","title":"SC says AGR ruling not applicable to PSUs, asks govt to reconsider charges in 3 days","synopsis":"Court sceptical of govt plan to give telcos 20 years to pay, seeks payment guarantees from pvt telcos to pay up within reasonable time. ","titleseo":"telecomnews\/sc-sceptical-of-govts-20-year-recovery-plan-from-telcos-wants-dues-of-psus-waived-off","status":"ACTIVE","authors":[{"author_name":"Samanwaya Rautray","author_link":"\/author\/479228156\/samanwaya-rautray","author_image":"https:\/\/etimg.etb2bimg.com\/authorthumb\/479228156.cms?width=100&height=100","author_additional":{"thumbsize":false,"msid":479228156,"author_name":"Samanwaya Rautray","author_seo_name":"samanwaya-rautray","designation":"Editor","agency":false}}],"analytics":{"comments":0,"views":4735,"shares":0,"engagementtimems":23319000},"Alttitle":{"minfo":""},"artag":"ETTelecom","artdate":"2020-06-11 14:19:22","lastupd":"2020-06-12 09:15:34","breadcrumbTags":["AGR case","SC","20 years recovery plan","PSU","PSU dues","sc agr verdict","telcos","agr dues","telecom news","policy"],"secinfo":{"seolocation":"telecomnews\/sc-sceptical-of-govts-20-year-recovery-plan-from-telcos-wants-dues-of-psus-waived-off"}}" data-authors="[" samanwaya rautray"]" data-category-name="" data-category_id="" data-date="2020-06-11" data-index="article_1">
新德里:最高法院裁决调整后总收入(AGR)不应该被用于实施许可及频谱使用费用价值4十万的卢比在公共部门单位(电源)与征收私人电信公司。它要求电信部(点)三天内重新考虑这一决定。
板凳上要求私营电信公司提交证券,事业和担保AGR-based费价值约1.7十万的卢比按照2019年10月执政之前会考虑允许他们一个合理的窗口支付钱。
“显然,牌照是不同的,在这种情况下我们的判断不可能了对电源的需求提高的基础,”法官说。“即使否则电源没有实际业务为公众提供移动服务。”
由三名法官组成的板凳为首的正义阿伦Mishra表示怀疑政府计划允许交错复苏AGR-related会费最多20多年的私人电话公司。然而,它要求航空公司提交付款计划为他们的会费——包括许可费、频谱使用费用(往下),罚款和利息,他们将提供的证券作为担保下听力6月18日之前。
他们将不得不文件关于担保和联合证词五天当他们提出支付,订单上传在网站上说。板凳将检查支付一个合理的时间框架是什么,如何确保这些是由证券需要备份它们。
“什么是保障电信公司将支付的时间吗?如果一个公司进入清算?谁来支付?在法庭上“Mishra问。“诉讼开始于1999年;20年已经过去了。”沙先生与Mishra在板凳上被法官和S Abdul岬角。
副检察长Mehta建议印度法院可以从运营商寻求“事业”。
高级成员Mukul Rohatgi倡导者表示,沃达丰的想法将无法提供任何银行担保,鉴于其财务状况。他说,许可证和频谱是最好的安全费超过Rs58,000卢比,电信部(点)从公司寻求。
“我们不能给银行担保。我们甚至没有足够的钱来支付我们的员工和满足我们的费用,”他声称,提供支持他的证词陈述。现金拮据的电信,多次警告说,如果破产了AGR费一箭,已支付近Rs7,000卢比。
Mishra是不服气。“找出安全可以装饰…个人财产的……其他的我们不能考虑给时间,”他说。
通过高级提倡阿布Manu Singhvi Bharti Airtel,说它支付了所有的Rs13,004卢比的欠据自己的计算。telco-faced点的需求近Rs44,000卢比——将仍然欠付的金额确认,他说。
高级提倡Arvind塔尔塔塔电信业务——面临着需求出现近Rs17,000卢比,它已经支付Rs4,197卢比的文件他的回答——寻求更多的时间。休斯通讯在本案中由谁代理高级Kapil Sibal倡导者。
Bharti Airtel股价下跌2.8%在周四关闭Rs551.60疯牛病。沃达丰(Vodafone)下跌13.2%,至Rs9.39想法。
读也
椅子是批评政府的举措实施类似的AGR要求国有企业如盖尔和电网公司和想要放弃。
Mishra对他们想知道这些指控被调用后30年的法院的裁决对私人了电信公司。他说,去年10月24日的顺序没有提到的吧。
“我们将请求你撤销对电源的需求,否则我们将采取严格的措施。Mishra说直接滥用我们的判决。”“你正在要求4十万的卢比。这是完全和完全不允许的。”
他似乎表明,这样做已经是想了想后,10月判决,并威胁采取行动对点官员负责传递这样的订单。
“每天我想想我们的判断已经使用和滥用,”Mishra说。
梅塔与点为此举辩护,说他们的业务协议设想这样的执照和频谱使用费用。他承认,电源没有电信公司和商业剥削和没有使用频谱从私人电信公司需要区别对待。
总检察长最初要求法院澄清,其判断的AGR案例将不适用于电源,但法官拒绝通过任何此类订单并将其归咎于政府分别对国有企业。梅塔然后提出书面文件解释收费的原因吧。
在之前的听证会上3月17日,法院已经报废的自我评估AGR费电信公司。但在救援的沃达丰的想法,Bharti Airtel和塔塔电信业务,它同意考虑政府的请求允许运营商交错在最高20年会费的支付。公式还包括冻结利息和罚款组件,因为他们站在10月24日,2019年,最高法院宣布订单AGR的范围扩大到包括非核心项目。
梅塔告诉法庭,任何试图恢复费可能会扰乱电信部门,伤害消费者。
消费者迁移到其他运营商不会一帆风顺,他说,证明此举寻求20年恢复窗口。
“电信公司当前的AGR判断图付款路线图-交错在定义的时间轴与足够的安全/保证频谱,网络设备,包括来自印度政府的可恢复的可以被认为是一个有效的选择安全络脉,“Prashant Singhal说,TMT新兴市场领袖咨询公司)等等。“电信监管部门颁发的许可下与电信公司操作点。任何违约电信公司可以有一个轴承,因此许可作为一个隐含担保,无论是哪个方向。”
<\/span><\/figcaption><\/figure>New Delhi: The Supreme Court said its ruling on adjusted gross revenue (AGR) should not have been used to impose licence and spectrum usage charges worth Rs 4 lakh crore on public sector units (PSUs) on par with those levied on private telecom companies. It asked the Department of Telecommunications (DoT) to reconsider the decision in three days.
The bench asked the private telecom companies to submit securities, undertakings and guarantees against AGR-based dues worth around Rs 1.7 lakh crore as per the October 2019 ruling before it would consider allowing them a reasonable window to pay the money.
“It is apparent that the licences are different and our judgement in this case could not have been made the basis for raising the demand against the PSUs,” the bench said. “Even otherwise the PSUs are not in actual business of providing mobile services to the general public.”
The three-judge bench led by justice Arun Mishra expressed scepticism about the government plan to allow staggered recovery of AGR-related dues over a maximum 20 years from the private phone companies. However, it asked the carriers to submit a payment schedule for their dues--which include licence fees, spectrum usage charges (SUC), penalties and interest--and the securities they would offer as guarantees before the next hearing on June 18.
They will have to file a joint affidavit in five days regarding the guarantees and when they propose to pay, the order uploaded on the website said. The bench will examine what would be a reasonable time frame for payments, how to ensure these are made and what securities are needed to back them up.
“What is the guarantee telcos<\/a> will pay in that time? What if one of the companies goes into liquidation? Who will pay?” Mishra had asked in court. “Litigation started in 1999; 20 years have already gone.” Alongside Mishra on the bench were justices MR Shah and S Abdul Nazeer.
Solicitor general Tushar Mehta suggested that the court could seek “undertakings” from the operators.
Senior advocate Mukul Rohatgi said that Vodafone Idea would not be able to provide any bank guarantees, given its financial state. He said that licences and spectrum were the best security against dues of over Rs58,000 crore that the Department of Telecommunications (DoT) has sought from the company.
“We can’t give bank guarantees. We don’t have enough money to even pay our employees and meet our expenses,” he claimed, offering to back his statement with an affidavit. The cash-strapped telco, which has on several occasions warned of going bust if made to pay AGR dues<\/a> in one shot, has paid nearly Rs7,000 crore so far.
Mishra was unconvinced. “Find out what security can be furnished… personal property of directors... Else we cannot consider giving time,” he said.
Bharti Airtel, through senior advocate Abhishek Manu Singhvi, said that it had paid all of the Rs13,004 crore owes according to its own calculation. The telco–faced with DoT’s demand of nearly Rs44,000 crore--will confirm the amount that’s still owed and pay that, he said.
Senior advocate Arvind Datar appearing for Tata Teleservices--which faces a demand of nearly Rs17,000 crore, of which it has paid Rs4,197 crore--sought more time to file his reply. Hughes Communications was represented in the case by senior advocate Kapil Sibal.
Bharti Airtel shares dropped 2.8% to Rs551.60 at the Thursday close on the BSE. Vodafone Idea fell 13.2% to Rs9.39.
Read also<\/h4><\/a><\/figure>Vodafone Idea doubled in a month but AGR case outcome is key<\/a><\/h5><\/div><\/a><\/figure>Vodafone Idea to SC: Don't have enough money to pay salaries, run operations<\/a><\/h5><\/div><\/a><\/figure>Demand for AGR dues from PSUs totally impermissible: Supreme Court to DoT<\/a><\/h5><\/div><\/a><\/figure>Justice Mishra can't get over how SC ruling on AGR 'used & misused'<\/a><\/h5><\/div><\/div><\/div>
The bench was critical of the government move to impose similar AGR demands on state-owned companies such as GAIL and Power Grid Corp. and wanted these waived.
Mishra wondered how these charges had been invoked against them after 30 years as the court’s ruling had been made against the private telcos<\/a>. He said that the order of October 24 last year did not mention PSUs at all.
“We will request you to withdraw the demand on PSUs, otherwise we will take strict action. Outright misuse of our verdict,” Mishra said. “You are making demand of Rs 4 lakh crore. This is wholly and totally impermissible.”
He seemed to suggest that this had been done as an afterthought following the October ruling and threatened to take action against DoT officials responsible for passing such orders.
“Every day I think about how our judgement has been used and misused,” Mishra said.
Mehta defended the move and said their business agreements with DoT envisaged such licence and spectrum usage charges. He conceded that the PSUs were not telecom companies and were not using spectrum for commercial exploitation and needed to be treated differently from private telcos.
The solicitor general initially asked the court to clarify that its judgement in the AGR case<\/a> would not apply to PSUs, but the bench refused to pass any such orders and placed the onus on the government to treat state-run companies separately. Mehta then offered to file an affidavit explaining the reasons for charging the PSUs.
At the previous hearing on March 17, the apex court had scrapped the self-assessment of AGR dues<\/a> by the telcos. But in a relief to the likes of Vodafone Idea, Bharti Airtel and Tata Teleservices, it agreed to consider the government’s plea to allow carriers to stagger the payment of dues over a maximum 20 years. The formula also includes freezing interest and penalty components as they stood on October 24, 2019, when the Supreme Court pronounced the order expanding the scope of AGR to include non-core items.
Mehta told the court that any attempt to recover dues in one go could disrupt the telecom sector, hurting consumers.
Migrating consumers to other operators will not be seamless, he said, justifying the move to seek a 20-year recovery window.
“The current AGR judgement for telcos to chart a payment roadmap – staggered over a defined timeline with adequate security\/guarantee of spectrum, network equipment, including recoverables from the government of India can be considered as an effective option for security collaterals,” said Prashant Singhal, TMT emerging markets leader at consultancy firm EY. “Telecom is a regulated sector with telcos operating under licenses issued by the DoT. Any default by telcos can have a bearing and thus the licenses act as an implicit guarantee, either which way.”
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读到
板凳上要求私营电信公司提交证券,事业和担保AGR-based费价值约1.7十万的卢比按照2019年10月执政之前会考虑允许他们一个合理的窗口支付钱。
“显然,牌照是不同的,在这种情况下我们的判断不可能了对电源的需求提高的基础,”法官说。“即使否则电源没有实际业务为公众提供移动服务。”
由三名法官组成的板凳为首的正义阿伦Mishra表示怀疑政府计划允许交错复苏AGR-related会费最多20多年的私人电话公司。然而,它要求航空公司提交付款计划为他们的会费——包括许可费、频谱使用费用(往下),罚款和利息,他们将提供的证券作为担保下听力6月18日之前。
他们将不得不文件关于担保和联合证词五天当他们提出支付,订单上传在网站上说。板凳将检查支付一个合理的时间框架是什么,如何确保这些是由证券需要备份它们。
“什么是保障电信公司将支付的时间吗?如果一个公司进入清算?谁来支付?在法庭上“Mishra问。“诉讼开始于1999年;20年已经过去了。”沙先生与Mishra在板凳上被法官和S Abdul岬角。
副检察长Mehta建议印度法院可以从运营商寻求“事业”。
高级成员Mukul Rohatgi倡导者表示,沃达丰的想法将无法提供任何银行担保,鉴于其财务状况。他说,许可证和频谱是最好的安全费超过Rs58,000卢比,电信部(点)从公司寻求。
“我们不能给银行担保。我们甚至没有足够的钱来支付我们的员工和满足我们的费用,”他声称,提供支持他的证词陈述。现金拮据的电信,多次警告说,如果破产了AGR费一箭,已支付近Rs7,000卢比。
Mishra是不服气。“找出安全可以装饰…个人财产的……其他的我们不能考虑给时间,”他说。
通过高级提倡阿布Manu Singhvi Bharti Airtel,说它支付了所有的Rs13,004卢比的欠据自己的计算。telco-faced点的需求近Rs44,000卢比——将仍然欠付的金额确认,他说。
高级提倡Arvind塔尔塔塔电信业务——面临着需求出现近Rs17,000卢比,它已经支付Rs4,197卢比的文件他的回答——寻求更多的时间。休斯通讯在本案中由谁代理高级Kapil Sibal倡导者。
Bharti Airtel股价下跌2.8%在周四关闭Rs551.60疯牛病。沃达丰(Vodafone)下跌13.2%,至Rs9.39想法。
读也
椅子是批评政府的举措实施类似的AGR要求国有企业如盖尔和电网公司和想要放弃。
Mishra对他们想知道这些指控被调用后30年的法院的裁决对私人了电信公司。他说,去年10月24日的顺序没有提到的吧。
“我们将请求你撤销对电源的需求,否则我们将采取严格的措施。Mishra说直接滥用我们的判决。”“你正在要求4十万的卢比。这是完全和完全不允许的。”
他似乎表明,这样做已经是想了想后,10月判决,并威胁采取行动对点官员负责传递这样的订单。
“每天我想想我们的判断已经使用和滥用,”Mishra说。
梅塔与点为此举辩护,说他们的业务协议设想这样的执照和频谱使用费用。他承认,电源没有电信公司和商业剥削和没有使用频谱从私人电信公司需要区别对待。
总检察长最初要求法院澄清,其判断的AGR案例将不适用于电源,但法官拒绝通过任何此类订单并将其归咎于政府分别对国有企业。梅塔然后提出书面文件解释收费的原因吧。
在之前的听证会上3月17日,法院已经报废的自我评估AGR费电信公司。但在救援的沃达丰的想法,Bharti Airtel和塔塔电信业务,它同意考虑政府的请求允许运营商交错在最高20年会费的支付。公式还包括冻结利息和罚款组件,因为他们站在10月24日,2019年,最高法院宣布订单AGR的范围扩大到包括非核心项目。
梅塔告诉法庭,任何试图恢复费可能会扰乱电信部门,伤害消费者。
消费者迁移到其他运营商不会一帆风顺,他说,证明此举寻求20年恢复窗口。
“电信公司当前的AGR判断图付款路线图-交错在定义的时间轴与足够的安全/保证频谱,网络设备,包括来自印度政府的可恢复的可以被认为是一个有效的选择安全络脉,“Prashant Singhal说,TMT新兴市场领袖咨询公司)等等。“电信监管部门颁发的许可下与电信公司操作点。任何违约电信公司可以有一个轴承,因此许可作为一个隐含担保,无论是哪个方向。”
The bench asked the private telecom companies to submit securities, undertakings and guarantees against AGR-based dues worth around Rs 1.7 lakh crore as per the October 2019 ruling before it would consider allowing them a reasonable window to pay the money.
“It is apparent that the licences are different and our judgement in this case could not have been made the basis for raising the demand against the PSUs,” the bench said. “Even otherwise the PSUs are not in actual business of providing mobile services to the general public.”
The three-judge bench led by justice Arun Mishra expressed scepticism about the government plan to allow staggered recovery of AGR-related dues over a maximum 20 years from the private phone companies. However, it asked the carriers to submit a payment schedule for their dues--which include licence fees, spectrum usage charges (SUC), penalties and interest--and the securities they would offer as guarantees before the next hearing on June 18.
They will have to file a joint affidavit in five days regarding the guarantees and when they propose to pay, the order uploaded on the website said. The bench will examine what would be a reasonable time frame for payments, how to ensure these are made and what securities are needed to back them up.
“What is the guarantee telcos<\/a> will pay in that time? What if one of the companies goes into liquidation? Who will pay?” Mishra had asked in court. “Litigation started in 1999; 20 years have already gone.” Alongside Mishra on the bench were justices MR Shah and S Abdul Nazeer.
Solicitor general Tushar Mehta suggested that the court could seek “undertakings” from the operators.
Senior advocate Mukul Rohatgi said that Vodafone Idea would not be able to provide any bank guarantees, given its financial state. He said that licences and spectrum were the best security against dues of over Rs58,000 crore that the Department of Telecommunications (DoT) has sought from the company.
“We can’t give bank guarantees. We don’t have enough money to even pay our employees and meet our expenses,” he claimed, offering to back his statement with an affidavit. The cash-strapped telco, which has on several occasions warned of going bust if made to pay AGR dues<\/a> in one shot, has paid nearly Rs7,000 crore so far.
Mishra was unconvinced. “Find out what security can be furnished… personal property of directors... Else we cannot consider giving time,” he said.
Bharti Airtel, through senior advocate Abhishek Manu Singhvi, said that it had paid all of the Rs13,004 crore owes according to its own calculation. The telco–faced with DoT’s demand of nearly Rs44,000 crore--will confirm the amount that’s still owed and pay that, he said.
Senior advocate Arvind Datar appearing for Tata Teleservices--which faces a demand of nearly Rs17,000 crore, of which it has paid Rs4,197 crore--sought more time to file his reply. Hughes Communications was represented in the case by senior advocate Kapil Sibal.
Bharti Airtel shares dropped 2.8% to Rs551.60 at the Thursday close on the BSE. Vodafone Idea fell 13.2% to Rs9.39.
Read also<\/h4><\/a><\/figure>Vodafone Idea doubled in a month but AGR case outcome is key<\/a><\/h5><\/div><\/a><\/figure>Vodafone Idea to SC: Don't have enough money to pay salaries, run operations<\/a><\/h5><\/div><\/a><\/figure>Demand for AGR dues from PSUs totally impermissible: Supreme Court to DoT<\/a><\/h5><\/div><\/a><\/figure>Justice Mishra can't get over how SC ruling on AGR 'used & misused'<\/a><\/h5><\/div><\/div><\/div>
The bench was critical of the government move to impose similar AGR demands on state-owned companies such as GAIL and Power Grid Corp. and wanted these waived.
Mishra wondered how these charges had been invoked against them after 30 years as the court’s ruling had been made against the private telcos<\/a>. He said that the order of October 24 last year did not mention PSUs at all.
“We will request you to withdraw the demand on PSUs, otherwise we will take strict action. Outright misuse of our verdict,” Mishra said. “You are making demand of Rs 4 lakh crore. This is wholly and totally impermissible.”
He seemed to suggest that this had been done as an afterthought following the October ruling and threatened to take action against DoT officials responsible for passing such orders.
“Every day I think about how our judgement has been used and misused,” Mishra said.
Mehta defended the move and said their business agreements with DoT envisaged such licence and spectrum usage charges. He conceded that the PSUs were not telecom companies and were not using spectrum for commercial exploitation and needed to be treated differently from private telcos.
The solicitor general initially asked the court to clarify that its judgement in the AGR case<\/a> would not apply to PSUs, but the bench refused to pass any such orders and placed the onus on the government to treat state-run companies separately. Mehta then offered to file an affidavit explaining the reasons for charging the PSUs.
At the previous hearing on March 17, the apex court had scrapped the self-assessment of AGR dues<\/a> by the telcos. But in a relief to the likes of Vodafone Idea, Bharti Airtel and Tata Teleservices, it agreed to consider the government’s plea to allow carriers to stagger the payment of dues over a maximum 20 years. The formula also includes freezing interest and penalty components as they stood on October 24, 2019, when the Supreme Court pronounced the order expanding the scope of AGR to include non-core items.
Mehta told the court that any attempt to recover dues in one go could disrupt the telecom sector, hurting consumers.
Migrating consumers to other operators will not be seamless, he said, justifying the move to seek a 20-year recovery window.
“The current AGR judgement for telcos to chart a payment roadmap – staggered over a defined timeline with adequate security\/guarantee of spectrum, network equipment, including recoverables from the government of India can be considered as an effective option for security collaterals,” said Prashant Singhal, TMT emerging markets leader at consultancy firm EY. “Telecom is a regulated sector with telcos operating under licenses issued by the DoT. Any default by telcos can have a bearing and thus the licenses act as an implicit guarantee, either which way.”
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<\/a><\/figure>Vodafone Idea doubled in a month but AGR case outcome is key<\/a><\/h5><\/div><\/a><\/figure>Vodafone Idea to SC: Don't have enough money to pay salaries, run operations<\/a><\/h5><\/div><\/a><\/figure>Demand for AGR dues from PSUs totally impermissible: Supreme Court to DoT<\/a><\/h5><\/div><\/a><\/figure>Justice Mishra can't get over how SC ruling on AGR 'used & misused'<\/a><\/h5><\/div><\/div><\/div>
The bench was critical of the government move to impose similar AGR demands on state-owned companies such as GAIL and Power Grid Corp. and wanted these waived.
Mishra wondered how these charges had been invoked against them after 30 years as the court’s ruling had been made against the private telcos<\/a>. He said that the order of October 24 last year did not mention PSUs at all.
“We will request you to withdraw the demand on PSUs, otherwise we will take strict action. Outright misuse of our verdict,” Mishra said. “You are making demand of Rs 4 lakh crore. This is wholly and totally impermissible.”
He seemed to suggest that this had been done as an afterthought following the October ruling and threatened to take action against DoT officials responsible for passing such orders.
“Every day I think about how our judgement has been used and misused,” Mishra said.
Mehta defended the move and said their business agreements with DoT envisaged such licence and spectrum usage charges. He conceded that the PSUs were not telecom companies and were not using spectrum for commercial exploitation and needed to be treated differently from private telcos.
The solicitor general initially asked the court to clarify that its judgement in the AGR case<\/a> would not apply to PSUs, but the bench refused to pass any such orders and placed the onus on the government to treat state-run companies separately. Mehta then offered to file an affidavit explaining the reasons for charging the PSUs.
At the previous hearing on March 17, the apex court had scrapped the self-assessment of AGR dues<\/a> by the telcos. But in a relief to the likes of Vodafone Idea, Bharti Airtel and Tata Teleservices, it agreed to consider the government’s plea to allow carriers to stagger the payment of dues over a maximum 20 years. The formula also includes freezing interest and penalty components as they stood on October 24, 2019, when the Supreme Court pronounced the order expanding the scope of AGR to include non-core items.
Mehta told the court that any attempt to recover dues in one go could disrupt the telecom sector, hurting consumers.
Migrating consumers to other operators will not be seamless, he said, justifying the move to seek a 20-year recovery window.
“The current AGR judgement for telcos to chart a payment roadmap – staggered over a defined timeline with adequate security\/guarantee of spectrum, network equipment, including recoverables from the government of India can be considered as an effective option for security collaterals,” said Prashant Singhal, TMT emerging markets leader at consultancy firm EY. “Telecom is a regulated sector with telcos operating under licenses issued by the DoT. Any default by telcos can have a bearing and thus the licenses act as an implicit guarantee, either which way.”
<\/body>","next_sibling":[{"msid":76318329,"title":"Vodafone Idea to SC: Don't have enough money to pay salaries, run operations","entity_type":"ARTICLE","link":"\/news\/agr-case-not-enough-money-to-pay-salaries-run-operations-vodafone-idea-tells-supreme-court\/76318329","category_name":null,"category_name_seo":"telecomnews"}],"related_content":[{"msid":"73273673","title":"India's telecom sector in a rewind; everything from AGR, BSNL revival, 5G, IUC to tariff hikes in 2019","entity_type":"PHOTOGALLERYSLIDESHOWSECTION","seopath":"slide-shows\/indias-telecom-sector-in-a-rewind-everything-from-agr-bsnl-revival-5g-iuc-to-tariff-hikes-in-2019","category_name":"Slide-Shows","synopsis":"ETT brings a slideshow on Indian telecom sector developments in 2019","thumb":"https:\/\/etimg.etb2bimg.com\/thumb\/img-size-3313303\/73273673.cms?width=150&height=112","link":"\/slide-shows\/indias-telecom-sector-in-a-rewind-everything-from-agr-bsnl-revival-5g-iuc-to-tariff-hikes-in-2019\/73273673"}],"msid":76318420,"entity_type":"ARTICLE","title":"SC says AGR ruling not applicable to PSUs, asks govt to reconsider charges in 3 days","synopsis":"Court sceptical of govt plan to give telcos 20 years to pay, seeks payment guarantees from pvt telcos to pay up within reasonable time. ","titleseo":"telecomnews\/sc-sceptical-of-govts-20-year-recovery-plan-from-telcos-wants-dues-of-psus-waived-off","status":"ACTIVE","authors":[{"author_name":"Samanwaya Rautray","author_link":"\/author\/479228156\/samanwaya-rautray","author_image":"https:\/\/etimg.etb2bimg.com\/authorthumb\/479228156.cms?width=100&height=100","author_additional":{"thumbsize":false,"msid":479228156,"author_name":"Samanwaya Rautray","author_seo_name":"samanwaya-rautray","designation":"Editor","agency":false}}],"analytics":{"comments":0,"views":4735,"shares":0,"engagementtimems":23319000},"Alttitle":{"minfo":""},"artag":"ETTelecom","artdate":"2020-06-11 14:19:22","lastupd":"2020-06-12 09:15:34","breadcrumbTags":["AGR case","SC","20 years recovery plan","PSU","PSU dues","sc agr verdict","telcos","agr dues","telecom news","policy"],"secinfo":{"seolocation":"telecomnews\/sc-sceptical-of-govts-20-year-recovery-plan-from-telcos-wants-dues-of-psus-waived-off"}}" data-news_link="//www.iser-br.com/news/sc-sceptical-of-govts-20-year-recovery-plan-from-telcos-wants-dues-of-psus-waived-off/76318420">
<\/a><\/figure>Vodafone Idea to SC: Don't have enough money to pay salaries, run operations<\/a><\/h5><\/div><\/a><\/figure>Demand for AGR dues from PSUs totally impermissible: Supreme Court to DoT<\/a><\/h5><\/div><\/a><\/figure>Justice Mishra can't get over how SC ruling on AGR 'used & misused'<\/a><\/h5><\/div><\/div><\/div>
The bench was critical of the government move to impose similar AGR demands on state-owned companies such as GAIL and Power Grid Corp. and wanted these waived.
Mishra wondered how these charges had been invoked against them after 30 years as the court’s ruling had been made against the private telcos<\/a>. He said that the order of October 24 last year did not mention PSUs at all.
“We will request you to withdraw the demand on PSUs, otherwise we will take strict action. Outright misuse of our verdict,” Mishra said. “You are making demand of Rs 4 lakh crore. This is wholly and totally impermissible.”
He seemed to suggest that this had been done as an afterthought following the October ruling and threatened to take action against DoT officials responsible for passing such orders.
“Every day I think about how our judgement has been used and misused,” Mishra said.
Mehta defended the move and said their business agreements with DoT envisaged such licence and spectrum usage charges. He conceded that the PSUs were not telecom companies and were not using spectrum for commercial exploitation and needed to be treated differently from private telcos.
The solicitor general initially asked the court to clarify that its judgement in the AGR case<\/a> would not apply to PSUs, but the bench refused to pass any such orders and placed the onus on the government to treat state-run companies separately. Mehta then offered to file an affidavit explaining the reasons for charging the PSUs.
At the previous hearing on March 17, the apex court had scrapped the self-assessment of AGR dues<\/a> by the telcos. But in a relief to the likes of Vodafone Idea, Bharti Airtel and Tata Teleservices, it agreed to consider the government’s plea to allow carriers to stagger the payment of dues over a maximum 20 years. The formula also includes freezing interest and penalty components as they stood on October 24, 2019, when the Supreme Court pronounced the order expanding the scope of AGR to include non-core items.
Mehta told the court that any attempt to recover dues in one go could disrupt the telecom sector, hurting consumers.
Migrating consumers to other operators will not be seamless, he said, justifying the move to seek a 20-year recovery window.
“The current AGR judgement for telcos to chart a payment roadmap – staggered over a defined timeline with adequate security\/guarantee of spectrum, network equipment, including recoverables from the government of India can be considered as an effective option for security collaterals,” said Prashant Singhal, TMT emerging markets leader at consultancy firm EY. “Telecom is a regulated sector with telcos operating under licenses issued by the DoT. Any default by telcos can have a bearing and thus the licenses act as an implicit guarantee, either which way.”
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<\/a><\/figure>Demand for AGR dues from PSUs totally impermissible: Supreme Court to DoT<\/a><\/h5><\/div><\/a><\/figure>Justice Mishra can't get over how SC ruling on AGR 'used & misused'<\/a><\/h5><\/div><\/div><\/div>
The bench was critical of the government move to impose similar AGR demands on state-owned companies such as GAIL and Power Grid Corp. and wanted these waived.
Mishra wondered how these charges had been invoked against them after 30 years as the court’s ruling had been made against the private telcos<\/a>. He said that the order of October 24 last year did not mention PSUs at all.
“We will request you to withdraw the demand on PSUs, otherwise we will take strict action. Outright misuse of our verdict,” Mishra said. “You are making demand of Rs 4 lakh crore. This is wholly and totally impermissible.”
He seemed to suggest that this had been done as an afterthought following the October ruling and threatened to take action against DoT officials responsible for passing such orders.
“Every day I think about how our judgement has been used and misused,” Mishra said.
Mehta defended the move and said their business agreements with DoT envisaged such licence and spectrum usage charges. He conceded that the PSUs were not telecom companies and were not using spectrum for commercial exploitation and needed to be treated differently from private telcos.
The solicitor general initially asked the court to clarify that its judgement in the AGR case<\/a> would not apply to PSUs, but the bench refused to pass any such orders and placed the onus on the government to treat state-run companies separately. Mehta then offered to file an affidavit explaining the reasons for charging the PSUs.
At the previous hearing on March 17, the apex court had scrapped the self-assessment of AGR dues<\/a> by the telcos. But in a relief to the likes of Vodafone Idea, Bharti Airtel and Tata Teleservices, it agreed to consider the government’s plea to allow carriers to stagger the payment of dues over a maximum 20 years. The formula also includes freezing interest and penalty components as they stood on October 24, 2019, when the Supreme Court pronounced the order expanding the scope of AGR to include non-core items.
Mehta told the court that any attempt to recover dues in one go could disrupt the telecom sector, hurting consumers.
Migrating consumers to other operators will not be seamless, he said, justifying the move to seek a 20-year recovery window.
“The current AGR judgement for telcos to chart a payment roadmap – staggered over a defined timeline with adequate security\/guarantee of spectrum, network equipment, including recoverables from the government of India can be considered as an effective option for security collaterals,” said Prashant Singhal, TMT emerging markets leader at consultancy firm EY. “Telecom is a regulated sector with telcos operating under licenses issued by the DoT. Any default by telcos can have a bearing and thus the licenses act as an implicit guarantee, either which way.”
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<\/a><\/figure>
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