AGR woes: VIL files review petition in SC; says struggling to survive

Aug 13, 2021
AGR woes: VIL files review petition in SC; says struggling to survive

NEW DELHI: Troubled Vodafone Thought Ltd (VIL) has filed an overview petition within the Supreme Courtroom after the apex courtroom just lately dismissed its plea for rectification of the alleged errors within the calculation of adjusted gross revenues-related dues.
Within the petition, filed earlier this week, VIL has mentioned it’s “a travesty of justice” that the corporate is restrained from questioning the arithmetical errors/omissions that are going to value it about Rs 25,000 crore (Rs 5,932 crore of principal plus curiosity, penalty and curiosity on penalty).


VIL has mentioned its contentions have been rejected by the order below overview and added that this denial may end result within the firm going below and its about 27.3 crore subscribers being left “excessive and dry”.
Different fallouts embrace a lack of funding within the enterprise and an effect on the livelihoods of workers, in addition to distributors, retailers, and retailer workers.


A mail despatched to the corporate looking for feedback on the overview petition didn’t elicit a response.
Additionally, VIL has mentioned it’s not questioning the ideas as laid down by the courtroom for willpower of AGR (adjusted gross revenues), and emphasized that it’s dedicated to making full funds of dues in installments as directed by the courtroom.


VIL has additionally mentioned the impression that the firm is looking for to wriggle out of the orders on account of recalculation is totally “misplaced”.
“It’s inconceivable that even errors/ inadvertent additions by the respondent-DoT to the AGR dues haven’t been allowed to be corrected,” the petition mentioned.
The restricted goal of the appliance was to make sure that the right and correct quantity due and payable, is paid to the respondent (DoT), VIL has contended.


“It’s neither the intention of the respondent nor had been the instructions of this… courtroom meant to unjustly profit the respondent by receiving extra cost in respect of funds already made as a consequence of double counting of income, and non allowance of deductions which were permitted by the… courtroom’s judgment,” it mentioned.
Because the demand covers an interval of greater than a decade, in respect of licenses granted by DoT and includes a number of hundreds of transactions and funds “all that’s required to be carried out is a reconciliation, so as to make sure that there is no such thing as a duplicate cost, no double counting of income and/or due permissible deductions are allowed”.


VIL has mentioned it’s merely looking for to level out clerical or arithmetical errors to DoT, and sought to make clear that it’s not initiating any spherical of litigation to dispute the dues.
“The following installment is due solely by March 31, 2022. There may be ample time inside which train could be carried out without inflicting prejudice to any celebration,” the petition mentioned.
It has additionally flagged circumstances the place funds have been made by demand draft/ challan which haven’t been accounted for by DoT.


“Justice requires that directing the petitioner to make the funds twice over would quantity to creating a levy with out authority of regulation,” VIL has mentioned.
Additionally, the corporate has mentioned that it’s “already struggling to outlive and stay a 3rd non-public wi-fi telecom operator within the nation.”
The petition has talked about excellent utilized services of Rs 47,000 crore from banks, NBFCs, and mutual funds (together with about Rs 25,000 crore from public sector banks) over and above the quantities as a consequence of DoT in the direction of public sale quantity of spectrum and license price and spectrum utilization prices.


“It’s imminent for the petitioner to outlive to safe the curiosity of all these stakeholders,” the petition mentioned.
Final month, the apex courtroom dismissed the functions filed by telecom majors, together with VIL and Bharti Airtel, looking for rectification of the alleged errors within the calculation of AGR-related dues payable by them.
Not too long ago, billionaire Kumar Mangalam Birla stepped down as Chairman of VIL, within two months of providing handy over the Aditya Birla Group’s stake within the debt-laden telecom firm to the federal government.


VIL had an AGR legal responsibility of Rs 58,254 crore, of which it has paid Rs 7,854.3 crore and Rs 50,399.6 crore is excellent.
The corporate’s gross debt, excluding lease liabilities, stood at Rs 1,80,310 crore as of March 31, 2021. The quantity consists of deferred spectrum cost obligations of Rs 96,270 crore and a debt of Rs 23,080 crore from banks and monetary establishments.