AGR dues: SC seeks detailed affidavit from DoT on dues to be paid by users of shared spectrum

Aug 21, 2020

New Delhi [India], Aug 21 : The Supreme Court on Friday, while hearing the adjusted gross revenue (AGR) payment matter, asked the Department of Telecommunications (DoT), Secretary, to file a detailed affidavit on the issue of the dues to be paid by the users of shared spectrum.
A three-judge bench, headed by Justice Arun Mishra, asked the DoT Secretary to file the detailed reply on the past dues, dates of grant and transfer of licenses and adjourned the matter for further hearing on August 24.
Senior Supreme Court lawyer Niraj Kishan Kaul, appearing for Videocon Telecom's resolution professional, argued that the AGR dues stand at a crystallized at around of Rs 1,376 crores.
He said that the waterfall mechanism, IBC apply to all the government debts as per the past Supreme Court verdict.
The apex court said, suppose 23 per cent of RCom's spectrum was being used by RJio, what's the amount paid by RJio?
The Supreme Court was hearing a batch of petitions seeking staggered payment of AGR dues to the tune of around Rs 92,000 crore to the Government of India by various telecom companies, including Airtel, Vodafone Idea, and others.
Earlier, the top court had asked the DoT to file its detailed response on whether the AGR dues of RCom should be recovered from Reliance Jio.
In a major setback to telecom companies, the Supreme Court had in October last year, rejected the appeal filed by the telcos against the Centre's definition of AGR and upheld the Central government's plea on the estimation of AGR at around Rs 92,000 crore.