The DoT will have to move a separate civil suit seeking the apex court’s directions on what it should do going ahead, if it seeks to recover the dues from all the companies, the officials further said.
In its petition seeking the modification of the Supreme Court's October 24 judgment on AGR, Oil India has said that the Department of Telecommunications' "huge arbitrary demand was based on wrongful interpretation and erroneous calculation".
The apex court had on October 24 last agreed with the DoT’s definition of AGR, and said that the companies, both telecom and non-telecom, must pay all dues they owe to the government along with interest and penalty.
Following the judgment, the DoT had written to GAIL and Power Grid, asking them to pay AGR fees of Rs 1.72 lakh crore and Rs 1.25 lakh crore, respectively. GAIL, Power Grid and other companies have denied that they owe any money to the DoT, and said they have paid all dues.
Bharti Airtel said in a statement: “The money now required to pay punitive interest, penalty and interest on penalty which forms nearly 75 per cent of AGR (adjusted gross revenues) dues would have better served the digital mission of the country”.
In its review petition, Bharti Airtel had said that though it was aggrieved by the entire judgment of the apex court, the company was limiting its review to the point that there was no ‘conscious disregard’ or ‘wilful default’ on part of the telco.
Of the 1.26 lakh GPs that have been made service ready so far, WiFi hotspots are functional only in 15,000. The plan to provide fibre to the home (FTTH) connectivity is operational only at 27,856 GPs till end-December, the official added.
In the only relief for the Mistry side, the court ordered that the Tatas will not exercise power under Article 75 of the ‘Articles of Association’ for pushing out shares of minority holders in the company.
The GoM also approved the airline’s plan for a share purchase agreement, a senior government official said, adding that both the EoI and the details of share purchase agreement would be issued in January itself.
The Department of Telecommunications (DoT) has left it to both the companies to decide how to raise the monies, and take a final call in consultation with experts, one of the officials quoted above said.
Telecom companies and equipment makers are scheduled to meet Department of Telecom (DoT) officials Tuesday to discuss terms of the trial, government sources said. The discussion will also include circles and population areas that the trials could cover.
The Central government had on December 1 notified amendments to the Insolvency and Bankruptcy Code (IBC), 2016, in which it had brought a corporate debtor’s personal guarantor under the purview of the Code.
The I-T department had, however, opposed the scheme and alleged that by seeking to hive off these two units into separate entities and by cancelling the preference shares and instead of turning it into a loan, Jio was seeking to “avoid and evade taxes”.