<ul><li>The Supreme Court bench led by Justice Arun Mishra turned the heat on the government and telecom companies’ counsels during the adjusted gross revenue (AGR) dues cases hearing today.</li><li>Questioning the reliability of <keyword id="1553175" type="COMPANY" weightage="20" keywordseo="Vodafone-Idea">Vodafone Idea</keyword>, Justice Mishra asked the company’s counsel “How do we catch hold of you”, after calling it a foreign company.</li><li>Solicitor General Tushar Mehta also bore the brunt of Justice Mishra’s annoyance, and was told “your hands will be cut short”.</li><li><a href="https://www.businessinsider.in/">Check out the latest news and updates on Business Insider.</a></li></ul>Vodafone Idea and Airtel want to pay the unpaid spectrum licence fees and usage charges. But even as they hoped that the Supreme Court of India would concede this reprieve, the Justices Arun Mishra-led bench posed a series of thorny questions. “We want to catch hold of you (Vodafone). There’s so much liability on you. How should we catch hold of you?” asked Justice Arun Mishra and followed it up with a barb that it is a foreign company. Interestingly, Vodafone Idea’s shares ended the session 1% higher, and Airtel closed up 2%, while the judges put the companies in a tough spot at court. <div type="image" title="Vodafone Idea Airtel share price" msid="77067486" hostid="261" caption="&amp;lt;p&amp;gt;Share price of Vodafone Idea and Airtel in the last one week&amp;lt;/p&amp;gt;"></div> Vodafone Idea counsel Mukul Rohatgi had a tough time fending off these barbs from the top court hearing the case on adjusted gross revenue (AGR). The Supreme Court in February this year <a href="https://www.businessinsider.in/business/news/birla-meets-telecom-secy-as-voda-idea-stares-at-over-rs-53000-cr-agr-dues/articleshow/74193134.cms">ordered</a> telecom companies to pay up a disputed amount retrospectively for over a decade. Since then, the appeal has been pending the apex courts’ verdict. <div type="Article" hostid="261" msid="76440420" title="Vodafone Idea says it’s ‘barely afloat’, appeals Supreme Court to stagger spectrum payments over 20 years" mstype="2" mssubtype="0"></div> <table style="border-width: initial; border-style: none;"><colgroup></colgroup><col /><col /><tbody><tr><td style="border-left:solid #000000 0.5pt;border-right:solid #000000 0.5pt;border-bottom:solid #000000 1pt;border-top:solid #000000 0.5pt;vertical-align:bottom;padding:0pt 5.75pt 0pt 5.75pt;overflow:hidden;overflow-wrap:break-word;">Company </td><td style="border-left:solid #000000 0.5pt;border-right:solid #000000 0.5pt;border-bottom:solid #000000 1pt;border-top:solid #000000 0.5pt;vertical-align:bottom;padding:0pt 5.75pt 0pt 5.75pt;overflow:hidden;overflow-wrap:break-word;">AGR demand (in crore) </td></tr><tr><td style="border-left:solid #000000 0.5pt;border-right:solid #000000 0.5pt;border-bottom:solid #000000 0.5pt;border-top:solid #000000 1pt;vertical-align:bottom;background-color:#d9d9d9;padding:0pt 5.75pt 0pt 5.75pt;overflow:hidden;overflow-wrap:break-word;">Vodafone Idea </td><td style="border-left:solid #000000 0.5pt;border-right:solid #000000 0.5pt;border-bottom:solid #000000 0.5pt;border-top:solid #000000 1pt;vertical-align:bottom;background-color:#d9d9d9;padding:0pt 5.75pt 0pt 5.75pt;overflow:hidden;overflow-wrap:break-word;">₹58,254 </td></tr><tr><td style="border-left:solid #000000 0.5pt;border-right:solid #000000 0.5pt;border-bottom:solid #000000 0.5pt;border-top:solid #000000 0.5pt;vertical-align:bottom;padding:0pt 5.75pt 0pt 5.75pt;overflow:hidden;overflow-wrap:break-word;">Airtel </td><td style="border-left:solid #000000 0.5pt;border-right:solid #000000 0.5pt;border-bottom:solid #000000 0.5pt;border-top:solid #000000 0.5pt;vertical-align:bottom;padding:0pt 5.75pt 0pt 5.75pt;overflow:hidden;overflow-wrap:break-word;">₹43,980 </td></tr></tbody></table> Why is the court so apprehensive about Vodafone-Idea being able to repay the dues? Vodafone Idea is the most troubled of all telecom operators in India. The company just posted a ₹73,878 crore loss in just three months, a record for any Indian corporate. The counsel Rohatgi also went on to say that the only asset left with the company is the spectrum. Yet, Rohatgi highlighted that the company had already coughed up ₹7,854 crore, on account of AGR, despite the mounting losses and tax refunds pending from the government to the tune of ₹8,000 crore. But the court was more keen on knowing how the company owned by the Aditya Birla Group in India plans to repay the remaining ₹50,339 crore. In the <a href="https://www.businessinsider.in/business/telecom/news/vodafone-idea-shares-plunge-over-6-after-supreme-court-asks-for-an-undertaking-to-cough-up-53000-crore/articleshow/76317790.cms">previous hearing held on June 18</a>, the Supreme Court bench led by Justice Arun Mishra asked Vodafone Idea, Airtel and other telcos to submit their books of accounts and other financial documents for the past 10 years. This time, too, he reminded both Airtel and Vodafone Idea that he could order that any time now. Even the government faces the heat Turning the heat on the Solicitor General (SG) Tushar Mehta who represents the Department of Telecommunications (DoT), Justice Mishra <a href="https://twitter.com/LiveLawIndia/status/1285149179950530562">said</a>, “We will reject everything and ask everyone to pay right now. Why are these self-assessments being done?”. Justice Mishra also appeared annoyed with the SG, <a href="https://twitter.com/barandbench/status/1285149567164379137">saying</a>, “You are the solicitor general and you cannot do this. You cannot commit contempt on this court? What is this nonsense?”. “Do not think you have very big hands. We will cut it short,” Justice Mishra was also <a href="https://twitter.com/barandbench/status/1285151066980409345">quoted</a> as saying by Bar &amp; Bench. SEE ALSO: <a href="https://www.businessinsider.in/business/telecom/news/vodafone-idea-shares-plunge-over-6-after-supreme-court-asks-for-an-undertaking-to-cough-up-53000-crore/articleshow/76317790.cms">Vodafone Idea shares plunge over 13% after Supreme Court asks for an undertaking to cough up ₹53,000 crore</a> <a href="https://www.businessinsider.in/stock-market/markets/news/a-deal-with-google-is-not-the-only-lifeline-vodafone-idea-is-betting-on/articleshow/76086104.cms">A deal with Google is not the only lifeline Vodafone Idea is betting on</a> <a href="https://www.businessinsider.in/business/telecom/news/vodafone-idea-and-its-timeline-of-woes/articleshow/74577942.cms">Vodafone Idea and its timeline of woes</a>

'How do we catch hold of you' – India's Supreme Court asks Vodafone Idea and that was just one of the many barbs

New Delhi, Feb 28 () The crucial meeting of Digital Communications Commission (DCC) on Friday could not arrive at a decision on relief to the distressed telecom sector as government officials said more details are required for reconciliation of data on statutory dues. In a day of hectic parleys at DoT, Vodafone Idea (VIL) CEO and MD Ravinder Takkar also met Telecom Secretary Anshu Prakash but refused to comment on the details of his discussion.Telecom companies have been desparately waiting for a bailout package from the government after a Supreme Court order put their statutory liabilities at Rs 1.47 lakh crore, and all eyes were on the DCC meet for the much-needed breather to fix the AGR imbroglio.In fact, just days ahead of the Friday meeting of DCC, Vodafone Idea - which is the most vulnerable of the lot - told the government that it would not be able to pay the Supreme Court mandated Rs 53,000 crore dues unless state support is extended to survive the crisis. VIL had made a strong plea for setting off Rs 8,000 crore of GST credits, a three-year moratorium on payment of the remaining amount which should be staggered over 15 years at a simple interest rate of 6 per cent, drastic cut in licence fee and fixing of a minimum price of calls and data.While telecom department officials insisted that DCC meeting on Friday did not focus on AGR issues but rather on project implementation for PPP on Bharat Net project, a source present at the meeting said no decision on telecom relief was taken at the meeting although discussion did take place.DCC, the highest decision-making body of the government on telecom, discussed the issue and looked at options at the meeting which lasted two hours. Further discussions are needed, and the DCC is likely to meet again in the coming days but no date has been fixed for the next meeting, they said.The telecom department is awaiting more details required for reconciliation of AGR data, sources added. "A lot of discussion would be needed, AGR related data needs to be assessed," the source said.The DCC includes CEO of NITI Aayog, and secretaries of Ministries of Electronics and IT, DoT, Department of Economic Affairs, and Department for Promotion of Industry and Internal Trade, besides other senior officials of the telecom department.VIL, which had last week paid Rs 3,500 crore to the government - still only seven per cent of its total dues - in a recent letter to the Department of Telecommunications (DoT) said it is "not in a sound financial state" to settle the liability and sought "urgent support from the government".The Cellular Operators' Association of India (COAI), in a separate, almost similar letter, also urged the government for easier terms for payment of dues by telcos including loans at lower rates to settle liability, as also an urgent implementation of floor prices for call and data.The embattled industry is aggressively pitching for cut in licence fee to three per cent from the current eight per cent, and has also sought reduction in spectrum usage charges (SUC) to bail out of what it describes as an unprecedented crisis.Blaming the below-cost pricing of telecom services, compelled by competitive pressures as being the root cause of financial stress, VIL has sought immediate implementation of floor price in tariffs.It said a floor price needs to be immediately made effective, say from April 1, 2020 to ensure that the sector is fully sustainable and in a position to pay deferred spectrum and AGR dues and still invest to create world-class network and services.The company argued that the introduction of floor price will enable revenue of the telecom sector to nearly double from the current level of Rs 1.75 lakh crore.VIL Chairman Kumar Mangalam Birla has, in the past, made it amply clear that the company will fold if it is forced to make payment of over Rs 53,000 crore dues.Birla has held multiple rounds of discussions with the finance minister and the telecom minister over the last few days to explore options to keep the company afloat.In all, as many as 15 entities owe the government Rs 1.47 lakh crore -- Rs 92,642 crore in unpaid licence fee and another Rs 55,054 crore in outstanding spectrum usage charges.These dues arose after Supreme Court, in October last year, upheld the government's position on including revenue from non-core businesses in calculating the annual Adjusted Gross Revenue (AGR) of telecom companies, a share of which is paid as licence and spectrum fee to the exchequer.The Supreme Court earlier this month rejected a plea by mobile carriers such as Bharti Airtel and VIL for extension in the payment schedule and asked them to deposit an estimated Rs 1.47 lakh crore in past dues for spectrum and licences.Airtel has so far paid Rs 10,000 crore against DoT estimated dues of over Rs 35,000 crore, while Tata Teleservices has paid Rs 2,197 crore as full and final settlement for all its dues.Meanwhile, the government is also asking telecom companies including Vodafone Idea, Bharti Airtel and Tata Teleservices to submit supporting documents on AGR self-assessment, that formed the basis of their statutory dues calculation. The exercise will help the DoT examine the AGR calculations being made by the telecom players.Once substantiating documents are filed by the companies, the telecom department will initiate random test checks on the AGR calculation in a time-bound manner. The 'test check' will be done for any one year (of telcos' dues) to examine the deviation between telecom companies' assessment and the government calculation of AGR liabilities.As it is, DoT officials have made it clear that any relief extended to companies like VIL would be contingent upon them making additional payments. In the case of Tata Teleservices, officials maintain that the department is not satisfied with the Tatas' calculation of its overall liabilities (Rs 2,197 crore against the government's preliminary assessment of about Rs 14,000 crore) and will be sending a notice to the company. MBI SR ANUANU

AGR woes: No decision on relief to telcos at DCC meet; DoT officials say more AGR-data needed

(Eds: Adding more details) New Delhi, Feb 25 () Amid the ongoing AGR crisis, Tata Sons Chairman N Chandrasekaran on Tuesday met Communications Minister Ravi Shankar Prasad, even as an official said the telecom ministry is prepared to issue a notice to Tata Teleservices for paying only part of its dues as full and final settlement. Emerging from the meeting which lasted for over 30 minutes, Chandrasekaran declined to comment on the details of his discussion. He later also met Telecom Secretary Anshu Prakash.The crucial meeting comes at a time when the government is looking to issue a detailed notice to Tatas for paying only Rs 2,197 crore as full and final settlement, whereas the government's calculation put Tata Teleservices' dues at about Rs 14,000 crore. A senior government official asserted that the telecom department is not convinced with the company's dues assessment. A notice will be sent to the company in a day or two questioning its AGR calculation, the official said.With the sector reeling under the impact of statutory dues burden, Vodafone Idea Chairman Kumar Mangalam Birla also met Finance Minister Nirmala Sitharaman last Tuesday.In all, 15 telecom entities owe the government Rs 1.47 lakh crore in unpaid statutory dues -- Rs 92,642 crore in unpaid licence fee and another Rs 55,054 crore in outstanding spectrum usage charges. Of the estimated dues that include interest and penalty for late payments, Airtel and Vodafone Idea account for about 60 per cent. These dues arose after the Supreme Court, in October last year, upheld the government's position on including revenue from non-core businesses in calculating the annual Adjusted Gross Revenue (AGR) of telecom companies, a share of which is paid as licence and spectrum fee to the exchequer. The Supreme Court, earlier this month, rejected a plea by mobile carriers such as Bharti Airtel and Vodafone Idea for extension in the payment schedule and asked companies to deposit their past dues for spectrum and licences.Since the February 14 tongue-lashing Supreme Court gave telecom companies for missing its previous deadline of January 23 to pay past dues as well as the Department of Telecommunication for failing to enforce it, firms and Telecom Ministry are busy doing separate maths on the actual dues.Vodafone Idea, which is confronted with Rs 53,000 crore in statutory dues as per DoT's calculation, has so far paid only seven per cent of those dues in two tranches. Airtel has paid Rs 10,000 crore out of its DoT estimated liability of over Rs 35,000 crore. Tata Teleservices has paid Rs 2,197 crore, the entire outstanding it believes to have arisen after the October ruling of the apex court for calculating dues.Meanwhile, the government is also asking telecom companies including Vodafone Idea, Bharti Airtel and Tata Teleservices to submit supporting documents on AGR self-assessment, that formed the basis of their statutory dues calculation. The exercise will help the DoT examine the AGR calculations being made by the telecom players.Once substantiating documents are filed by the companies, the telecom department will initiate random test checks on the AGR calculation in a time-bound manner. The 'test check' will be done for any one year (of telcos' dues) to examine the deviation between telecom companies' assessment and the government calculation of AGR liabilities.Amid a deepening crisis in the telecom sector, the government is looking to strike a balance between complying with the Supreme Court order on statutory dues, ensuring the health of the sector and safeguarding consumer interest. Bharti Airtel Chairman Sunil Mittal, and VIL's Birla met top government functionaries throughout last week to seek prompt measures that would offer a breather to the troubled sector. Mittal has urged the government for reduction in levies and taxes, as he termed the AGR "an unprecedented crisis for industry". MBI MKJ

Tata Sons chief meets Prasad as DoT prepares to issue notice to TTSL over AGR payment

(Eds: Combining related stories) New Delhi, Mar 6 () Beleaguered Vodafone Idea Ltd on Friday put its total dues to the government following a Supreme Court order at Rs 21,533 crore -- less than half of what the Telecom Department has estimated, even as the Vodafone CEO indicated keenness to make a "new, good beginning" in India. Vodafone Group CEO Nick Read met top ministers, including Finance Minister Nirmala Sitharaman and Telecom Minister Ravi Shankar Prasad, and informed them that UK telecom giant's India joint venture, Vodafone Idea Ltd is "exploring" options to make additional payment towards its outstanding statutory dues.Earlier in the day, Vodafone Idea in a statement said it has already paid Rs 3,500 crore out of the "self-assessed" liability of Rs 21,533 crore. The Department of Telecommunications (DoT), following the Supreme Court ruling in October last year which said that all kinds of income generated by telecom companies will be considered for calculating government dues, had estimated Vodafone Idea's liabilities at over Rs 53,000 crore.Sources said during his meeting with Read, Prasad made it clear that the government is against a monopoly in the telecom sector, and wants Vodafone Idea to survive and remain invested in India. Read is learnt to have sought government assistance to keep Vodafone Idea afloat, the sources added.Relief measures for telecom firms are a work in progress, government sources said, adding Vodafone Idea will have to pay at least the principal amount of its AGR dues at the earliest. Government is keen to ensure that companies remain in business and but much would depend on the telcos showing their commitment to pay the Supreme Court-mandated dues. The apex court is set to hear the AGR matter on March 17.Sources maintained that any relief package worked out by the government will be for the sector and not for any one player and will need to be approved by the Cabinet. On March 4, Minister of State for Communications &amp; IT Sanjay Dhotre, in a written reply to a question in the Lok Sabha, stated that Idea Cellular owed the government Rs 15,230.37 crore and Vodafone Group of Companies another Rs 37,808.23 crore. Out of the total Rs 53,038.6 crore due from Vodafone Idea, a sum of Rs 3,500 crore has been received, he had said. On Friday, the company, which was formed following the merger of Idea and Vodafone, in a statement said it has "filed its self-assessment of the AGR liabilities with the Department of Telecommunications. The self-assessment discloses the company's AGR liabilities to aggregate Rs 21,533 crores including a principal amount of Rs 6,854 crores for the period from FY 2006-07 to FY 2018-19 and interest up to February 2020." "The company has already paid a sum of Rs 2,500 crores on February 17, 2020, and a further sum of Rs 1,000 crores on February 20, 2020, towards this liability," VIL added. On a similar self-assessment pattern, Bharti Airtel paid Rs 13,004 crore to the government in two installments. It had also deposited an additional Rs 5,000 crore "as an ad-hoc payment (subject to subsequent refund/ adjustment) to cover differences, if any, arising from the reconciliation exercise with the DoT," it had said on February 29. The total payout by Bharti Airtel was half of Rs 35,586.01 crore liability estimated by the DoT. Dhotre in the reply had stated that Bharti Airtel owed Rs 21,682 crore in licence fee and another Rs 13,904.01 crore in spectrum usage charges. Similarly, Vodafone Idea owed Rs 28,309 crore in licence fee and another Rs 24,729.23 crore in spectrum charges. According to the DoT, 16 telecom companies owed the government a total of Rs 146,336.98 crore as a fallout of the Supreme Court ruling. Emerging from the over 30-minute meeting with Prasad, Read refused to comment on whether the British telecom giant will exit India, saying, "No comments." Vodafone Idea has been at the forefront of seeking a bailout package from the liability imposed by the Supreme Court ruling. It had recently told the government that it would not be able to pay the full dues unless state support is extended to survive the crisis. The company has made a strong plea for setting off Rs 8,000 crore of GST credits against part of the liability. For the remaining dues, it wants payment to be staggered over 15 years at a simple interest rate of 6 per cent after a three-year moratorium. It also wants drastic cuts in licence fee and fixing of a minimum price for calls and data. Vodafone Idea Chairman Kumar Mangalam Birla has held multiple rounds of discussions at the telecom and finance ministries over the last few weeks to look for a solution to keep the company's operations on track. In December, Birla had said Vodafone Idea may have to shut shop if there is no relief on the statutory dues. "If we are not getting anything, then I think it is the end of the story for Vodafone Idea," Birla had said. "It does not make sense to put good money after bad... We will shut shop." Even Read had recently stated that the situation in India is critical, following the Supreme Court's AGR ruling. MBI MBI ABMABM

VIL pegs dues at Rs 21,533 cr, less than half of DoT estimate; Voda CEO meets FM, telecom min

New Delhi, Mar 6 () Beleaguered Vodafone Idea Ltd on Friday put its total dues to the government following a Supreme Court order at Rs 21,533 crore -- less than half of what the Department of Telecommunications (DoT) has estimated. On a day when Vodafone Group CEO Nick Read met top ministers, including Finance Minister Nirmala Sitharaman and Telecom Minister Ravi Shankar Prasad, the UK telecom giant's India joint venture, Vodafone Idea Ltd in a statement said it has already paid Rs 3,500 crore out of the "self-assessed" liability of Rs 21,533 crore. The DoT, following the Supreme Court ruling in October last year which said that all kinds of income generated by telecom companies will be considered for calculating government dues, had estimated Vodafone Idea's liabilities at over Rs 53,000 crore. On March 4, Minister of State for Communications &amp; IT Sanjay Dhotre, in a written reply to a question in the Lok Sabha, stated that Idea Cellular owed the government Rs 15,230.37 crore and Vodafone Group of Companies another Rs 37,808.23 crore. Out of the total Rs 53,038.6 crore due from Vodafone Idea, a sum of Rs 3,500 crore has been received, he had said. On Friday, the company, which was formed following the merger of Idea and Vodafone, in a statement said it has "filed its self-assessment of the AGR liabilities with the Department of Telecommunications. The self-assessment discloses the company's AGR liabilities to aggregate Rs 21,533 crores including a principal amount of Rs 6,854 crores for the period from FY 2006-07 to FY 2018-19 and interest up to February 2020." "The company has already paid a sum of Rs 2,500 crores on February 17, 2020, and a further sum of Rs 1,000 crores on February 20, 2020, towards this liability," it added. On a similar self-assessment pattern, Bharti Airtel paid Rs 13,004 crore to the government in two installments. It had also deposited an additional Rs 5,000 crore "as an ad-hoc payment (subject to subsequent refund/adjustment) to cover differences, if any, arising from the reconciliation exercise with the DoT," it had said on February 29. The total payout by Bharti Airtel was half of Rs 35,586.01 crore liability estimated by the DoT. Dhotre in the reply had stated that Bharti Airtel owed Rs 21,682 crore in licence fee and another Rs 13,904.01 crore in spectrum usage charges. Similarly, Vodafone Idea owed Rs 28,309 crore in licence fee and another Rs 24,729.23 crore in spectrum charges. According to the DoT, 16 telecom companies owed the government a total of Rs 146,336.98 crore as a fallout of the Supreme Court ruling. No details of the discussions Read had with Sitharaman and Prasad were immediately available. Vodafone holds 45.2 per cent stake in Vodafone Idea where Aditya Birla Group is the other promoter. Emerging from the over 30-minute meeting with Prasad, Read refused to comment on whether the British telecom giant will exit India, saying, "No comments." Vodafone Idea has been at the forefront of seeking a bailout package from the liability imposed by the Supreme Court ruling. It had recently told the government that it would not be able to pay the full dues unless state support is extended to survive the crisis. The company has made a strong plea for setting off Rs 8,000 crore of GST credits against part of the liability. For the remaining dues, it wants payment to be staggered over 15 years at a simple interest rate of 6 per cent after a three-year moratorium. It also wants drastic cuts in licence fee and fixing of a minimum price for calls and data. Vodafone Idea Chairman Kumar Mangalam Birla has held multiple rounds of discussions at the telecom and finance ministries over the last few weeks to look for a solution to keep the company's operations on track. In December, Birla had said Vodafone Idea may have to shut shop if there is no relief on the statutory dues. "If we are not getting anything, then I think it is the end of the story for Vodafone Idea," Birla had said. "It does not make sense to put good money after bad... We will shut shop." Even Read had recently stated that the situation in India is critical, following the Supreme Court's AGR ruling. MBI ANZ ABM

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'How do we catch hold of you' – India's Supreme Court asks Vodafone Idea and that was just one of the many barbs

Rounak Jain

AGR woes: No decision on relief to telcos at DCC meet; DoT officials say more AGR-data needed

PTI

Tata Sons chief meets Prasad as DoT prepares to issue notice to TTSL over AGR payment

PTI

VIL pegs dues at Rs 21,533 cr, less than half of DoT estimate; Voda CEO meets FM, telecom min

PTI

Vodafone Idea pegs dues payable to govt at Rs 21,533 cr, less than half of DoT estimate

PTI