SC dismisses curative plea by telcos seeking correction in AGR calculation

New Delhi: In a big setback for telecom companies, the Supreme Court has dismissed their curative pleas seeking correction of alleged errors in Adjusted Gross Revenue (AGR) calculation.

After going through the curative petitions and the connected documents, a bench, headed by CJI D.Y. Chandrachud, said that no case was made out for allowing the curative pleas.

"We have gone through the curative petitions and the connected documents. In our opinion, no case is made out within the parameters indicated in the decision of this Court in Rupa Ashok Hurra v Ashok Hurra," said the Bench, also comprising Justices Sanjiv Khanna and B.R. Gavai.

Declining to list the curative petitions in open court, it plainly dismissed them in chambers, as per the order uploaded on the SC website.

Earlier, the apex court had dismissed applications filed by Vodafone Idea, Bharti Airtel, and Tata Tele Services Ltd, alleging arithmetical errors in the calculation of AGR dues payable by them. Citing an earlier order in the matter, it had noted the order clearly pointed out that no re-assessment of AGR-related dues can be done.

The telcos had submitted that arithmetical errors can be rectified and there were cases of duplication of entries.

In September 2020, the top court gave 10 years' time to telcos, who were struggling to pay Rs 93,520 crore in AGR dues outstanding to the government. The apex court had said that telecom operators shall make the payment of 10 per cent of the total dues as demanded by DoT by March 31, 2021. The rest of the amount was to be paid in yearly installments commencing from April 1, 2021, to March 31, 2031.

The SC had asked various companies, through their Managing Director/Chairman or other authorised officer, to furnish an undertaking within four weeks, to make payment of arrears as per its order. It had also said that in the event of any defaults, interest along with penalty and interest on penalty would automatically become payable without reference to the court.

"Besides, it would be punishable for contempt of court. Let compliance of order be reported by all TSPs and DoT every year by April 7 of each succeeding year," added the Supreme Court.