Airtel and
Vodafone Idea is discussing with their legal teams on filing petitions for
reviewing the Supreme Court's recent order on adjusted gross revenue (AGR).
HIGHLIGHTS
The deadline for
paying the AGR amount is Rs 83,000 crore is January 24.
Vodafone Idea had
earlier said that it would go for a review petition.
Govt is looking at
providing relief to telcos through levy reductions in licence fee and the USO
Fund.
Airtel
and Vodafone Idea are discussing with their legal teams on filing petitions for
reviewing the Supreme Court's recent order on adjusted gross revenue (AGR)
after the Department of Telecom (DOT) told them to approach the court in this
regard.
Any
review petition is required to be filed by November 24 as there is a time limit
of a month to file for reviewing a court order.
A
binding decision of the Supreme Court or High Court can be reviewed through a
review petition on the ground of apparent error. Under the Supreme Court Rules,
1966, such a petition needs to be filed within 30 days from the date of
judgement or order.
Both
the telecom companies in question did not respond to queries on the issue sent
by IANS.
According
to informed sources, however, both companies are discussing with their legal
teams on the grounds for reviewing the court order.
The
deadline for paying the AGR amount is Rs 83,000 crore is January 24, including
Rs 43,000 crore for Airtel and Rs 40,000 crore for Vodafone Idea.
A
government secretaries' panel is looking at providing relief to telcos through
levy reductions in licence fee and the USO Fund.
Vodafone
Idea had earlier said that it would go for a review petition, noting that it
will study the ruling along with legal advisers to determine next steps,
including "a review application if there are technical or procedural
grounds for doing so".
According
to Telecom Ministry officials, other companies and licensees like PGCIL,
RailTel, Internet Service Providers, Prasar Bharti, satellite communications
providers and cable operators will all come under the AGR definition backed by
the Supreme Court and, as such, their dues too need to be calculated. But the
details are being studied for such companies who are not telecom service
providers.
This
proposed decision of the telcos to approach the apex court again may have come
after the DoT and the Secretaries panel are learnt to have conveyed to the
companies that the court order is best reviewed by a review petition and the
government is unlikely to intervene on behalf of the private sector.
DoT is
also mindful of the 2012 apex court verdict on the spectrum allocation
procedure on first-come-first-served basis which was nullified by the Supreme
Court which cancelled 122 2G licenees awarded by the previous UPA government.
Declaring
the allocation of 2G spectrum by the Congress-led United Progressive Alliance
(UPA) government "illegal" and an example of the arbitrary exercise
of power, the Supreme Court had cancelled all 122 telecom licenses.
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