Regulatory Commissions, Not Courts To Determine Electricity Tariff: SC [Read Judgment]
7 years, 9 months ago

Regulatory Commissions, Not Courts To Determine Electricity Tariff: SC [Read Judgment]

Live Law  

The Supreme Court, in Waryam Steel Castings Pvt Ltd vs Punjab State Power Corporation, has reiterated its stand that it would not be proper for the court to examine the fixation of electricity tariff rates or its revision, while dismissing appeals preferred by arc furnace industries in Punjab.A bench comprising Justice Ranjan Gogoi and Justice Navin Sinha was considering pleas against the. The Supreme Court, in Waryam Steel Castings Pvt Ltd vs Punjab State Power Corporation, has reiterated its stand that it would not be proper for the court to examine the fixation of electricity tariff rates or its revision, while dismissing appeals preferred by arc furnace industries in Punjab. A bench comprising Justice Ranjan Gogoi and Justice Navin Sinha was considering pleas against the high court order, whereby it dismissed the challenge questioning the correctness of the quantum/rate of surcharge as determined by the regulatory commission and upheld by the appellate tribunal. The court reiterated the observations made in Transmission Corporation of Andhra Pradesh Ltd and Anr v. Sai Renewable Power Private Ltd, wherein it was observed: “The only explanation for judicial intervention in tariff fixation/revision is where the person aggrieved can show that the tariff fixation was illegal, arbitrary or ultra vires the Act.

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History of this topic

Rates Charged By Power Distribution Companies, State Board For Electricity Can Be Considered To Determine Its Market: Delhi HC
2 months, 1 week ago

Rates Charged By Power Distribution Companies, State Board For Electricity Can Be Considered To Determine Its Market: Delhi HC

Live Law  

The Delhi High Court has held that the rate at which power is supplied by the State Electricity Board or the Power Distribution Companies is an appropriate metric for determining the market price of electricity. A division bench of Acting Chief Justice Vibhu Bakhru and Justice Swarana Kanta Sharma further held that the rate at which electricity is sold on …

Tariff, License Fee Received By Electricity Regulatory Commissions Not Exigible To Tax: Delhi High Court
2 months, 2 weeks ago

Tariff, License Fee Received By Electricity Regulatory Commissions Not Exigible To Tax: Delhi High Court

Live Law  

The Delhi High Court has made it clear that amounts received by the Electricity Regulatory Commissions under the heads of filing fee, tariff fee, license fee, annual registration fee and miscellaneous fee are not exigible to tax. The grant of a license to transmit or distribute is clearly not in furtherance of business or trade but in extension of the …

Supreme Court Upholds Delhi Municipal Corporation's Powers To Issue Tariff-Based Bids For Waste-To-Energy Project
2 months, 4 weeks ago

Supreme Court Upholds Delhi Municipal Corporation's Powers To Issue Tariff-Based Bids For Waste-To-Energy Project

Live Law  

The Supreme Court on January 2 upheld the Municipal Corporation of Delhi's powers to issue tariff-based bids in Waste-to-Energy projects under the Electricity Act 2003. The issue of law before the Court was "Whether the application under Section 63 of the Electricity Act 2003 could have been made by the present Appellant MCD which is a “local authority” within the …

Billing Assessments Pertaining Electricity Not In Jurisdiction Of Consumer Courts : Delhi State Commission
3 months, 3 weeks ago

Billing Assessments Pertaining Electricity Not In Jurisdiction Of Consumer Courts : Delhi State Commission

Live Law  

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal, Ms. Pinki held that the Consumer Protection Act prevails over the Electricity Act only in cases of inconsistency; complaints are limited to issues such as unfair trade practices, restrictive trade practices, deficiencies in service, or overcharging, which does not contain 'billing assessments'. Brief Facts of the Case The complainant had …

S.135(1A) Electricity Act | Restoration Of Supply Line Conditional On Deposit Or Payment Of Assessed Amount Or Electricity Charges: Gujarat HC
7 months, 1 week ago

S.135(1A) Electricity Act | Restoration Of Supply Line Conditional On Deposit Or Payment Of Assessed Amount Or Electricity Charges: Gujarat HC

Live Law  

The Gujarat High Court has dismissed a Letters Patent Appeal challenging the computation of assessed electricity charges, emphasising that restoration of electricity supply must be contingent on payment of the assessed amount as per Section 135 of the Electricity Act, 2003. We may further record that the petitioner has not availed the remedy of filing appeal under Section 127 of …

[Electricity Act] Relabelling Of Products Not 'Manufacturing', Such Activity Not Eligible For Industrial Tariff Categorization: Bombay HC
7 months, 3 weeks ago

[Electricity Act] Relabelling Of Products Not 'Manufacturing', Such Activity Not Eligible For Industrial Tariff Categorization: Bombay HC

Live Law  

The Bombay High Court has held that the activity of relabelling products does not constitute 'manufacturing' under the Electricity Act, 2003. It stated that manufacturing under the Electricity Act would require conversion of raw materials into a fresh product using electricity-powered machines and thus relabelling would not fall within such activity. The petitioner challenged the order of the Appellate Authority, …

Rajasthan Electricity (Duty) Act | Appellate Authority Can Pass Orders Incidental To Matter Before It Including Interim Orders Unless Prohibited: High Court
9 months, 1 week ago

Rajasthan Electricity (Duty) Act | Appellate Authority Can Pass Orders Incidental To Matter Before It Including Interim Orders Unless Prohibited: High Court

Live Law  

The Rajasthan High Court has clarified that while deciding a matter, the appellate authority under the Rajasthan Electricity Act 1962 has the power to pass orders that are incidental to the matter including any interim orders. It is well settled principle that statutory authority/Appellate Authority having power to decide a matter has implicit jurisdiction and authority to pass such orders …

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [November 21 – 30, 2022]
2 years, 3 months ago

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [November 21 – 30, 2022]

Live Law  

Arbitration and Conciliation Act, 1996; Section 11 - The court at the referral stage can interfere only when it is manifest that the claims are ex facie time­barred and dead, or there is no subsisting dispute. TATA Power Company Limited Transmission v. Maharashtra Electricity Regulatory Commission, 2022 LiveLaw 987 Electricity Act, 2003; Section 125 - Findings of fact by the …

State Electricity Commissions Have Full Autonomy In Determination & Regulation Of Tariff ; States/UoI Have Only Advisory Role: Supreme Court
2 years, 4 months ago

State Electricity Commissions Have Full Autonomy In Determination & Regulation Of Tariff ; States/UoI Have Only Advisory Role: Supreme Court

Live Law  

The Supreme Court observed that State Electricity Commissions possess full autonomy in the determination and regulation of tariff.The State and the Central Government only have an advisory role in the regulation of tariff, the bench of CJI DY Chandrachud, Justices AS Bopanna and JB Pardiwala noted.The court also observed that the Electricity Act do not prescribe one dominant method to. …

State Electricity Regulatory Commission Not Empowered To Adjudicate Issues Related To Electricity Theft: Gujarat High Court
2 years, 4 months ago

State Electricity Regulatory Commission Not Empowered To Adjudicate Issues Related To Electricity Theft: Gujarat High Court

Live Law  

The Gujarat High Court has observed that the Electricity Regulatory Commission of the state can not adjudicate the electricity theft issues in the exercise of its powers under, the Electricity Act, 2003. The bench of Justice Nirzar S. Desai was dealing with a plea challenging an order of the Gujarat Electricity Regulatory Commission dismissing a plea moved by the petitioner …

Service Tax Exemption Available On Rendering Transmission Of Electricity: CESTAT
2 years, 6 months ago

Service Tax Exemption Available On Rendering Transmission Of Electricity: CESTAT

Live Law  

The Chattisgarh Customs, Excise and Service Tax Appellate Tribunal, consisting of Justice Dilip Gupta and P. Anjani Kumar, has held that the service tax exemption is available on the transmission of electricity.The appellant/assessee is in the business of manufacturing power transmission towers and parts and accessories. The Chattisgarh Customs, Excise and Service Tax Appellate Tribunal, consisting of Justice Dilip Gupta …

[Electricity Act, 2003] Captive Consumers/Captive Users Are Not Liable To Pay Additional Surcharge Under Section 42(4): Supreme Court
3 years, 3 months ago

[Electricity Act, 2003] Captive Consumers/Captive Users Are Not Liable To Pay Additional Surcharge Under Section 42(4): Supreme Court

Live Law  

The Supreme Court has observed that captive consumers/captive users are not liable to pay the additional surcharge leviable under Section 42 of the Electricity Act, 2003.It was also observed that consumers defined u/s 2 of the Act, 2003 and the captive consumers are different and distinct and they form a separate class by themselves.The bench of Justices MR Shah and. …

SC Holds Rajasthan Discoms Liable To Pay Compensatory Tariff To Adani Power Rajasthan Ltd [Read Judgment]
4 years, 7 months ago

SC Holds Rajasthan Discoms Liable To Pay Compensatory Tariff To Adani Power Rajasthan Ltd [Read Judgment]

Live Law  

In a huge relief to Adani Power Rajasthan Ltd, the Supreme Court on Monday repelled the challenge made by a group of power distribution companies from Rajasthan against the approval of compensatory tariff for APRL.A bench comprising Justices Arun Mishra, Vineet Saran and M R Shah upheld the orders passed by the Rajasthan Electricity Regulatory Commission and the Appellate Tribunal. …

SC Dismisses Reliance's Challenge Against 'Discriminatory' MERC Regulation [Read Judgment]
6 years, 2 months ago

SC Dismisses Reliance's Challenge Against 'Discriminatory' MERC Regulation [Read Judgment]

Live Law  

The Supreme Court has upheld the Bombay High Court judgment which dismissed Reliance Infrastructure challenge against regulation 44.2 of the Maharashtra Electricity Regulatory Commission Regulations, 2011. Setting aside the cost of Rs.1 Lakh imposed on Reliance Infrastructure, the bench observed that the challenge to the validity of the regulations framed by the MERC could only lie before the High Court. …

Chairman Of State Electricity Regulatory Commission Need Not Mandatorily Be A High Court Judge: SC [Read Judgment]
6 years, 11 months ago

Chairman Of State Electricity Regulatory Commission Need Not Mandatorily Be A High Court Judge: SC [Read Judgment]

Live Law  

The Supreme Court, on Thursday, ruled that it is not mandatory to appoint a High Court Judge as the Chairperson of the State Electricity Regulatory Commission, which determines power tariff in the States.The Bench comprising Justice J. Chelameswar and Justice Sanjay Kishan Kaul noted that as per the Electricity Act, 2003, the Chairperson "may" be a Judge of a High …

Chairman Of State Electricity Regulatory Commission Need Not Mandatorily Be A High Court Judge: SC [Read Judgment]
6 years, 11 months ago

Chairman Of State Electricity Regulatory Commission Need Not Mandatorily Be A High Court Judge: SC [Read Judgment]

Live Law  

The Supreme Court, on Thursday, ruled that it is not mandatory to appoint a High Court Judge as the Chairperson of the State Electricity Regulatory Commission, which determines power tariff in the States.The Bench comprising Justice J. Chelameswar and Justice Sanjay Kishan Kaul noted that as per the Electricity Act, 2003, the Chairperson "may" be a Judge of a High …

Electricity Commission Has No Inherent Power To Alter Tariff Under PPA Between Power Generator, Distributor: SC [Read Judgment]
7 years, 5 months ago

Electricity Commission Has No Inherent Power To Alter Tariff Under PPA Between Power Generator, Distributor: SC [Read Judgment]

Live Law  

The Supreme Court has interpreted the width and amplitude of inherent powers of the State Electricity Regulatory Commission in Gujarat Urja Vikas Nigam Limited vs Solar Semiconductor Power Company, and has held that the tariff fixed in terms of power purchase agreement between the power producer and distributor cannot be altered invoking inherent powers.The separate but concurring. The Supreme Court …

Continuous Absence Of A.P Electricity Regulatory Commission Members - Appellate Tribunal Admonishes [Read Orders]
7 years, 7 months ago

Continuous Absence Of A.P Electricity Regulatory Commission Members - Appellate Tribunal Admonishes [Read Orders]

Live Law  

The Appellate Tribunal for Electricity headed by Former Supreme Court Judge Justice P. Renjana Desai has expressed its anguish and displeasure at the conduct of Andhra Pradesh Electricity Regulatory Commission for not adhering to the time line prescribed by the Appellate Tribunal in its earlier order for disposing off the Petitions filed by the Generator. The Appellate Tribunal for Electricity …

Regulatory Commissions, Not Courts To Determine Electricity Tariff: SC [Read Judgment]
7 years, 9 months ago

Regulatory Commissions, Not Courts To Determine Electricity Tariff: SC [Read Judgment]

Live Law  

The Supreme Court, in Waryam Steel Castings Pvt Ltd vs Punjab State Power Corporation, has reiterated its stand that it would not be proper for the court to examine the fixation of electricity tariff rates or its revision, while dismissing appeals preferred by arc furnace industries in Punjab.A bench comprising Justice Ranjan Gogoi and Justice Navin Sinha was considering pleas …

Power tariff hike in UP challenged in HC- IndiaTV News
9 years, 9 months ago

Power tariff hike in UP challenged in HC- IndiaTV News

India TV News  

Lucknow: The Allahabad High Court today directed the state government and others to file their replies by July 8 on a PIL seeking a direction against enhancing 17 per cent tariff from July 1 till realisation of all electricity dues from defaulters, including government offices. The petitioner submitted that the decision of UPERC to hike power tariff was not in …

Raising power tariffs in Delhi a regulatory decision: Goyal
10 years, 8 months ago

Raising power tariffs in Delhi a regulatory decision: Goyal

India TV News  

New Delhi: Power Minister Piyush Goyal today said the move to hike electricity tariff in Delhi is a decision taken by the DERC on the basis of costing. The State Electricity Regulatory Commissions and Central Regulatory Commission are fully independent and autonomous bodies, Goyal said in a Facebook post.“The decision to increase electricity tariff in Delhi is a regulatory decision …

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