Supreme Court today declined any interim relief to telecom companies against the Delhi High Court's order upholding Trai's decision making it mandatory for them to compensate subscribers for call drops from January 1, 2016.
"It's a question of interim order. We will hear it on Thursday (March 10). As of now, no interim order," a bench of Justices Kurian Joseph and Rohinton Fali Nariman said.
"COAI will approach Trai to request that implementation by the industry be kept in abeyance until the Supreme Court hears and decides on the matter until March 10, 2016," COAI said in a statement.
The telecom operators had moved the high court seeking quashing of Trai's regulation contending that it was a "knee-jerk reaction" which penalised them without proving any wrong-doing.
COAI said the imposition of service tax will increase the
cost of spectrum acquisition in the upcoming auctions by 47 per cent to 71 per cent, thus putting a dampener on auction results, auction proceeds and acquisition of spectrum.
The industry body said assignment of spectrum is a sovereign function of the government which enables provision of telecom services which is a designated essential service.
"Imposition of tax on sovereign functions creates tax cascading impact which is detrimental to the health of industry and decreases the investable corpus as well," it added.
COAI further said service tax on spectrum assignment will impose additional stress on debt laden industry (telecom industry's estimated debt stood at Rs 3.50 lakh crore in FY15).
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