AGR Row: DoT affidavit didn’t have full due amount

While lashing out at the department of telecommunications (DoT) and the operators on the self-assessment exercise of AGR dues, the Supreme Court bench observed: “Bills were raised. CAG audit has been done, then who permitted this? How can there be self-assessment or re-assessment of dues? If re-assessment is permitted, it is a fraud on this court.”

Implicit in this observation is that court has relied on the dues computed by the DoT. However, if one goes by the October 24, 2019 order, which went in favour of the DoT and companies were asked to pay, it did not mention the amount which was due against respective companies. The amount was in DoT’s affidavit – Rs 92,000 crore to be paid by 15 operators as on July 2019 – which included the licence fee dues, interest, penalty and interest on penalty as per its computation methodology which was upheld by the court. Of the Rs 92,000 crore, Bharti Airtel’s due amount was at Rs 21,682 crore while that of Vodafone Idea Rs 28,308 crore.