Hindustan Times (Noida)

3-week breather for Airtel on AGR dues

- Abraham Thomas abraham.thomas@hindustant­imes.com

The Supreme Court on Tuesday directed the department of telecommun­ication (DOT) not to invoke the bank guarantees of Bharti Airtel for three weeks for recovering ₹1,376 crore in adjusted gross revenue (Agr)-related dues of Videocon Telecom Ltd (VTL) which had sold its spectrum to the Bharti group. The top court, which refused to entertain Airtel’s plea that VTL dues are not payable by it, however, permitted the telecom major to approach the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) with the grievances.

NEW DELHI: The Supreme Court on Tuesday directed the government not to encash bank guarantees of Bharti Airtel Ltd for three weeks over the payment of adjusted gross revenue (AGR) dues to allow the company to approach a telecom appeals tribunal.

The department of telecommun­ications (DOT), in a August 17 letter to Bharti Airtel, demanded payment of ₹1,376 crore as AGR dues within a week, failing which DOT threatened to invoke the bank guarantees furnished by the telecom operator.

Airtel then approached the Supreme Court, claiming that the dues were to be paid by the now-defunct Videocon Telecommun­ications Ltd. Airtel said it agreed to buy the spectrum held by Videocon in March 2016, and according to the agreement, all dues prior to this period were to be settled by the seller.

Allowing Airtel to withdraw its applicatio­n and approach the Telecom Disputes Settlement and Appellate Tribunal, the bench of Justices L. Nageswara Rao, S. Abdul Nazeer and M.R. Shah said: “The department of telecommun­ications shall not invoke the financial bank guarantees of respondent No.53 (Bharti Airtel) for a period of three weeks from today.”

Appearing for Airtel, senior advocate Shyam Divan said DOT had wrongfully fastened the liability of ₹1,376 crore on it, and the fresh demand was based on the September 1, 2020 judgement by the top court.

The September 2020 order refused any further reassessme­nt of AGR dues and directed telecom service providers to pay 10% of their dues by March 31 and thereafter pay the rest in 10 yearly installmen­ts by March 2031. The existing bank guarantees submitted by telcos regarding the spectrum were to be kept alive until any default in payment.

Divan submitted that under the spectrum trading agreement, Airtel will be liable to pay only such dues that were incurred after the date of agreement which came into operation on May 16, 2016. The AGR dues, according to him, pertained to the period prior to the agreement, liable to be paid by Videocon.

The firm claimed to have fully complied with the September 2020 order by depositing ₹18,004 crore by March 31, 2021, which was far more than the 10% due payable out of the total AGR dues of ₹43,980 crore calculated by DOT.

“The demand notice disrupts my working, and I seek a stay of such precipitat­ive order passed by DOT,” Divan argued. With the bench not keen on entertaini­ng his request, Divan submitted that he should be allowed to raise this dispute before TDSAT, and his bank guarantees should not be invoked till then. On this condition, Divan agreed to withdraw his applicatio­n. The bench said, “We are not going to revisit our judgement.”

Solicitor general Tushar Mehta, appearing for DOT, opposed the applicatio­n saying, “The demand is consistent with the Supreme Court judgement.” The bench wanted to know if the government could hold on for a brief period to enable the firm to approach to TDSAT. Mehta said it was up to the company to approach a forum of its choice.

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 ??  ?? The DOT, on August 17, asked Airtel to pay ₹1,376 crore as AGR dues within a week.
The DOT, on August 17, asked Airtel to pay ₹1,376 crore as AGR dues within a week.

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