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2/n
Systems Team of SC routing in lawyers for Telcos, Govt for virtual hewring.
Mukul Rohatgi for Vodafone Idea has logged in.
Waiting for Judges to join.
3-Judge bench headed by Justice Mishra to begin hearing shortly. https://twitter.com/AshmitTejKumar/status/1285130683879284736
Systems Team of SC routing in lawyers for Telcos, Govt for virtual hewring.
Mukul Rohatgi for Vodafone Idea has logged in.
Waiting for Judges to join.
3-Judge bench headed by Justice Mishra to begin hearing shortly. https://twitter.com/AshmitTejKumar/status/1285130683879284736
3/n
Arvind Datar, Kapil Sibal, Ramji Srinivasan also join virtual hearing.
Wait for 3 judge bench headed by Justice Arun Mishra continues.
Arvind Datar, Kapil Sibal, Ramji Srinivasan also join virtual hearing.
Wait for 3 judge bench headed by Justice Arun Mishra continues.
4/n
Some technical issues delaying the virtual hearing for AGR dues?
Judges are yet to join the virtual proceedings.
Some technical issues delaying the virtual hearing for AGR dues?
Judges are yet to join the virtual proceedings.
5/n
Interestingly, Abhishek Manu Singhvi seems occupied with Sachin Pilot Disqualification Case in Rajasthan HC.
Solicitor General Tushar Mehta also yet to join.
Three Judge Bench is yet to log in.
Wait for AGR hearing continues.
Keep watching.
Interestingly, Abhishek Manu Singhvi seems occupied with Sachin Pilot Disqualification Case in Rajasthan HC.
Solicitor General Tushar Mehta also yet to join.
Three Judge Bench is yet to log in.
Wait for AGR hearing continues.
Keep watching.
6/n
Mukul Rohatgi logs in for AGR hearing for Bharti Airtel.
Abishek Singhbi logs in for Bharti Airtel
Kapil Sibal logs in Hughes Comms
Arvind Datar logs in for Tata Comms.
Mukul Rohatgi logs in for AGR hearing for Bharti Airtel.
Abishek Singhbi logs in for Bharti Airtel
Kapil Sibal logs in Hughes Comms
Arvind Datar logs in for Tata Comms.
7/n
Three Judge Bench headed by Justice Arun Mishra yet to join.
Solicitor General Tushar Mehta yet to log in for Centre.
As per SC website, AGR hearing was scheduled for 02.00pm.
Technical Glitches?
Wait continues...
Three Judge Bench headed by Justice Arun Mishra yet to join.
Solicitor General Tushar Mehta yet to log in for Centre.
As per SC website, AGR hearing was scheduled for 02.00pm.
Technical Glitches?
Wait continues...
8/n
Bench headed by Justice Mishra log in.
Solicitor General logs in.
Hearing to begin.
Bench headed by Justice Mishra log in.
Solicitor General logs in.
Hearing to begin.
9/n
Mukul Rohatgi for Voda -
Have submitted financial documents like income tax returns.
Over last 15 years, entire networh of co has been wiped out.
All revenue has been spent on liabilities, tax, dues.
Over 1 lakh cr of equity brought in by promoters has been eroded.
Mukul Rohatgi for Voda -
Have submitted financial documents like income tax returns.
Over last 15 years, entire networh of co has been wiped out.
All revenue has been spent on liabilities, tax, dues.
Over 1 lakh cr of equity brought in by promoters has been eroded.
10/n
Mukul Rohtagi complains, in lighter vein, that Abishek Manu Singhvi's audio was on and that he could hear Raj HC proceedings in which Abhishek Manu Singhvi was appearing in the Sachin Pilot Case.
Mukul Rohtagi complains, in lighter vein, that Abishek Manu Singhvi's audio was on and that he could hear Raj HC proceedings in which Abhishek Manu Singhvi was appearing in the Sachin Pilot Case.
11/n
Mukul Rohatgi for Voda -
Bulk of revenues have been committed to expenses such as tax, levies, costs.
Total revenues over 10 years was 6.27 lk crores, out of which 4.95 lk cr was spent on expenses.
Accounting for other expenses, losses come to over 1 lakh cr.
Mukul Rohatgi for Voda -
Bulk of revenues have been committed to expenses such as tax, levies, costs.
Total revenues over 10 years was 6.27 lk crores, out of which 4.95 lk cr was spent on expenses.
Accounting for other expenses, losses come to over 1 lakh cr.
12/n
SC Asks Voda -
Did Voda ensure provisioning for AGR liabilities?
Demands had been raised by the DOT, why not provided for by Voda?
SC Asks Voda -
Did Voda ensure provisioning for AGR liabilities?
Demands had been raised by the DOT, why not provided for by Voda?
13/n
Mukul Rohatgi for Voda -
Had not made provided earlier because we had won earlier in TDSAT.
Made provisions in the last fiscal for about 38000cr.
Mukul Rohatgi for Voda -
Had not made provided earlier because we had won earlier in TDSAT.
Made provisions in the last fiscal for about 38000cr.
14/n
SC Observes (For Voda) -
With so many losses, how are we to rely on you?
You are making the decision more difficult for us.
How should we secure AGR dues payable by Voda?
Voda has conceded that no Bank is prepared to lend it money.
SC Observes (For Voda) -
With so many losses, how are we to rely on you?
You are making the decision more difficult for us.
How should we secure AGR dues payable by Voda?
Voda has conceded that no Bank is prepared to lend it money.
15/n
Mukul Rohatgi for Voda -
No dispute that Voda is owed GST refund of about 8000cr.
That refund may be retained by the Govt wrt AGR dues.
Have now paid 8000cr towards AGR dues.
Mukul Rohatgi for Voda -
No dispute that Voda is owed GST refund of about 8000cr.
That refund may be retained by the Govt wrt AGR dues.
Have now paid 8000cr towards AGR dues.
16/n
SC Observes -
Of the 8000cr you paid 1000cr just this last weekend.
Very difficult to rely on Voda.
Who is the kingpin? Who is managing Voda?
SC Observes -
Of the 8000cr you paid 1000cr just this last weekend.
Very difficult to rely on Voda.
Who is the kingpin? Who is managing Voda?
17/n
SC Observes -
You are showing such a black picture, how are we supposed to see any light?
Voda needs to secure AGR dues payable.
Mukul Rohagti for Voda -
Will honour the judgemnt and the AGR dues sought from us.
SC Observes -
You are showing such a black picture, how are we supposed to see any light?
Voda needs to secure AGR dues payable.
Mukul Rohagti for Voda -
Will honour the judgemnt and the AGR dues sought from us.
18/n
SC Observes -
We want to make clear again that there is no space for self assessment.
Otherwise we will have to draw serious contempt against everyone.
We made it clear that there is no room for self assessment.
This would a violation of our orders,
SC Observes -
We want to make clear again that there is no space for self assessment.
Otherwise we will have to draw serious contempt against everyone.
We made it clear that there is no room for self assessment.
This would a violation of our orders,
19/n
SC Observes -
It seems the DOT is allowing room for re-assessment.
Who in the Govt has the temerity to do this?
No one has the authority to overturn our orders.
You dont know me, I will despatch people to jail from here.
SC Observes -
It seems the DOT is allowing room for re-assessment.
Who in the Govt has the temerity to do this?
No one has the authority to overturn our orders.
You dont know me, I will despatch people to jail from here.
20/n
Solicitor General Tushar Mehta for Centre -
(Trying to interject angry judges)
It is not happening, no re-assessment is being done, court has misunderstood the facts.
No such move to dilute the SC judgment is being allowed.
Solicitor General Tushar Mehta for Centre -
(Trying to interject angry judges)
It is not happening, no re-assessment is being done, court has misunderstood the facts.
No such move to dilute the SC judgment is being allowed.
21/n
SC Observes -
There seems to be communication between govt to allow room for re-calculation.
How is Voda claiming payable dues to be lower by 20,000cr from the dues cited in our judgment.
SC Observes -
There seems to be communication between govt to allow room for re-calculation.
How is Voda claiming payable dues to be lower by 20,000cr from the dues cited in our judgment.
22/n
Solicitor General Says -
No confusion about the SC Order.
No rook for re-assessment will be allowed.
Have not submitted anything to suggest re-calculation.
There is no confusion in the DOT.
Solicitor General Says -
No confusion about the SC Order.
No rook for re-assessment will be allowed.
Have not submitted anything to suggest re-calculation.
There is no confusion in the DOT.
23/n
Mukul Rohatgi for Voda -
Not seeking re-calculation, not revisiting the demand.
SC has made it clear, we will rely on the demands issued by DOT.
Mukul Rohatgi for Voda -
Not seeking re-calculation, not revisiting the demand.
SC has made it clear, we will rely on the demands issued by DOT.
24/n
Mukul Rohatgi for Voda -
Have no assets left with us, only asset that remains is Spectrum.
GST refunds of 8000cr accruing to us can be retained by Govt.
Mukul Rohatgi for Voda -
Have no assets left with us, only asset that remains is Spectrum.
GST refunds of 8000cr accruing to us can be retained by Govt.
25/n
Kapil Sibal for Hughes -
Have paid 28cr, 126cr of balance demand is outstanding.
Govt has bank guarantees worth 69cr availible with them, govt can encash it if required.
We can discharge the balance dues with time allowed.
We are ready to discharge, just need time
Kapil Sibal for Hughes -
Have paid 28cr, 126cr of balance demand is outstanding.
Govt has bank guarantees worth 69cr availible with them, govt can encash it if required.
We can discharge the balance dues with time allowed.
We are ready to discharge, just need time
26/n
Abhishek Manu Singhvi for Airtel -
Have paid 18000cr after SC order, 60% of total dues paid by all telcos combined, so far.
Govt has wrongly sought 43000cr of dues, it includes SUC dues as well as well.
Abhishek Manu Singhvi for Airtel -
Have paid 18000cr after SC order, 60% of total dues paid by all telcos combined, so far.
Govt has wrongly sought 43000cr of dues, it includes SUC dues as well as well.
27/n
SC Observes (To AMS for Airtel) -
Dont try to reopen the case, all dues are included in the AGR judgment.
No room availible for adjustment of dues payable by Airtel.
Solicitor General Says -
As per DOT, Airtel owes a sum of 43780cr.
SC Observes (To AMS for Airtel) -
Dont try to reopen the case, all dues are included in the AGR judgment.
No room availible for adjustment of dues payable by Airtel.
Solicitor General Says -
As per DOT, Airtel owes a sum of 43780cr.
28/n
Solicitor General Says -
SG Says -
Airtel paid 18004cr, Balance is 25976cr.
Voda paid 7854cr, Balance is 50399cr.
Tata paid 4197cr, Balance is 12601cr.
Solicitor General Says -
SG Says -
Airtel paid 18004cr, Balance is 25976cr.
Voda paid 7854cr, Balance is 50399cr.
Tata paid 4197cr, Balance is 12601cr.
29/n
Abhishek Manu Sighvi for Airtel -
Today dues payable by us should be 21000cr, not 43989cr claimed by DOT.
DOT has clubbed SUC dues to amounts claimed.
DOT demand of 43980cr also includes SUC dues.
AGR judgment of SC was only wrt to license fee dues, not SUC.
Abhishek Manu Sighvi for Airtel -
Today dues payable by us should be 21000cr, not 43989cr claimed by DOT.
DOT has clubbed SUC dues to amounts claimed.
DOT demand of 43980cr also includes SUC dues.
AGR judgment of SC was only wrt to license fee dues, not SUC.
30/n
SC Observes -
Airtel is looking to reopen the issue.
We can't allow recalculation at this stage, we will not permit this.
If we permit you to recalculate, it would be violation of our orders.
SC Observes -
Airtel is looking to reopen the issue.
We can't allow recalculation at this stage, we will not permit this.
If we permit you to recalculate, it would be violation of our orders.
31/n
SC Observes -
We will not allow this self assessment by Airtel.
AGR definition has been clarrified by SC, dont try to review the issue.
SC Observes -
We will not allow this self assessment by Airtel.
AGR definition has been clarrified by SC, dont try to review the issue.
32/n
Airtel, Tata claim lower dues payable.
Airtel, Tata argue that dues payable should be limited to only license fee dues.
Airtel, Tata argue that SUC dues should not be included in the DOT demand.
Airtel, Tata claim lower dues payable.
Airtel, Tata argue that dues payable should be limited to only license fee dues.
Airtel, Tata argue that SUC dues should not be included in the DOT demand.
33/n
SC Observes -
Will decide on limited issue of time to be provided.
This is a waste of our time, we will impose very heavy costs.
We will impose more costs on telcos than any other court before.
Telcos are trying to seek recalculation, trying to dilute the judgment.
SC Observes -
Will decide on limited issue of time to be provided.
This is a waste of our time, we will impose very heavy costs.
We will impose more costs on telcos than any other court before.
Telcos are trying to seek recalculation, trying to dilute the judgment.
34/n
SC Observes -
Telcos are behaving dishonestly
Why should we allow relief to telcos when telcos are seeking to review the demand made by DOT.
SC Observes -
Telcos are behaving dishonestly
Why should we allow relief to telcos when telcos are seeking to review the demand made by DOT.
35/n
SC Observes -
4 cos are in insolvency, almost 40000cr of dues are sought from them.
If telcos don't secure the dues payable, how can we allow installment wise payments
SC Observes -
4 cos are in insolvency, almost 40000cr of dues are sought from them.
If telcos don't secure the dues payable, how can we allow installment wise payments
36/n
SC Observes -
Telcos should seek a reasonable period for payout.
20 years is too long a period, doesn't seem reasonable
Alert - DOT had sought 20 year payout for AGR dues.
SC Observes -
Telcos should seek a reasonable period for payout.
20 years is too long a period, doesn't seem reasonable
Alert - DOT had sought 20 year payout for AGR dues.
37/n
SC Observes -
Revenue of the country needs to be saved.
Telcos belong to this country, telcos should share responsibility to secure the amount payable.
SC Observes -
Revenue of the country needs to be saved.
Telcos belong to this country, telcos should share responsibility to secure the amount payable.
38/n
Imp -
Tata Tele submits to SC that 7-10 year period would be reasonable for repaying AGR dues.
Imp -
Tata Tele submits to SC that 7-10 year period would be reasonable for repaying AGR dues.
39/n
SC Observes -
Telcos should be reasonable in seeking time.
Telcos are dragging us to a corner where we have no options.
Telcos are making much more than the dues sought.
SC Observes -
Telcos should be reasonable in seeking time.
Telcos are dragging us to a corner where we have no options.
Telcos are making much more than the dues sought.
40/n
Voda reiterates demand for 20 year payout.
Mukul Rohtagi for Voda -
Voda accepts demand of 58000cr.
Only way to pay and honour SC judgment is to allow Voda a 20 year payment period.
Voda reiterates demand for 20 year payout.
Mukul Rohtagi for Voda -
Voda accepts demand of 58000cr.
Only way to pay and honour SC judgment is to allow Voda a 20 year payment period.
41/n
SC Observes -
We dont like this tone from Vodafone.
Vodafone is threatening us that the SC order will not be followed if 20 years are not allowed.
SC Observes -
We dont like this tone from Vodafone.
Vodafone is threatening us that the SC order will not be followed if 20 years are not allowed.
42/n
Voda revises demand from 20 years to 15 years to repay AGR dues.
Mukul Rohatgi to Voda -
With folded hands prepares to accept a reasonable period of 15 years.
Voda revises demand from 20 years to 15 years to repay AGR dues.
Mukul Rohatgi to Voda -
With folded hands prepares to accept a reasonable period of 15 years.
43/n
IMP -
Airtel seeks 15 year window from SC for repaying AGR dues.
Abhishek Manu Singhvi for Airtel -
Airtel suggests a payout of AGR dues over 15 years
IMP -
Airtel seeks 15 year window from SC for repaying AGR dues.
Abhishek Manu Singhvi for Airtel -
Airtel suggests a payout of AGR dues over 15 years
44/n
IMP -
Solicitor General -
Cabinet considered the issue, decided on 20 year period.
Would still stand by DOT plea seeking 20 year payout period.
Govt has provided for relief due to cascading effect on economy.
IMP -
Solicitor General -
Cabinet considered the issue, decided on 20 year period.
Would still stand by DOT plea seeking 20 year payout period.
Govt has provided for relief due to cascading effect on economy.
45/n
IMP -
SC -
How do you secure dues payable?
Govt Says -
In case if default we can cancel spectrum and auction it to recover dues.
Alert - Telcos had proposed spectrum to act as security for securing staggered payout. Govt seems to have accepted Telcos argument.
IMP -
SC -
How do you secure dues payable?
Govt Says -
In case if default we can cancel spectrum and auction it to recover dues.
Alert - Telcos had proposed spectrum to act as security for securing staggered payout. Govt seems to have accepted Telcos argument.
