Search Results for "surcharge proceedings"

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Supreme Court Dismisses Appeals by State Power Entities Against APTEL Order Deleting Misdeclaration Penalty. Penalty for Misdeclaration of Declared Capacity Requires Proof of Intent or Negligence Under Punjab State Grid Code Regulations.

The case involves appeals by Punjab State Load Despatch Centre (PSLDC) and Punjab State Power Corporation Limited (PSPCL) against the judgment of the ...

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Madras High Court Dismisses Writ Appeal in Surcharge Proceedings Due to Availability of Alternative Statutory Remedy. The Appellant Failed to Exhaust Appeal under Section 152 of the Tamil Nadu Co-operative Society Act, 1983 Against Surcharge Award Passed Under Section 87.

The appellant, Mr. R. Thirumugam, filed a writ petition (W.P.No.29296 of 2023) before the Madras High Court challenging a surcharge award dated 19.08....

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High Court of Karnataka Allows Revision Petitions in VAT Reassessment Cases — Reassessment Orders Set Aside for Non-Compliance with Section 39(1) of KVAT Act, 2003. Mandatory Pre-Decision Hearing Requirement Not Waived Despite Assessee's Participation in Subsequent Proceedings.

The judgment concerns five revision petitions filed under Section 65(1) of the Karnataka Value Added Tax Act, 2003 (KVAT Act) against orders of the Ka...

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Supreme Court Allows Appeals by DISCOMs and Generating Companies in Electricity Tariff Dispute — Change in Law Compensation for Coal Shortfall Must Be Computed Based on Actual GCV and SHR as per PPAs.

The judgment involves two civil appeals concerning the determination of compensatory tariff for Change in Law events under long-term Power Purchase Ag...

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Bombay High Court Dismisses Writ Petition Challenging GST Summons — Summons for Oral Evidence Held Valid. No Violation of Article 20(3) as Petitioner Not an Accused at Investigation Stage; Alternative Remedy Available Under CGST Act.

The petitioners, JSK Marketing Limited and its Managing Director, filed a writ petition under Articles 226 and 227 of the Constitution of India before...

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Supreme Court Allows Carrying Cost in Change in Law Claims Under PPA — Restitutionary Principle Upheld. Article 13.2 of Power Purchase Agreement Entitles Generating Company to Carrying Cost from Date of Change in Law Till Approval.

The case involves appeals by Uttar Haryana Bijli Vitran Nigam Ltd. and Dakshin Haryana Bijli Vitran Nigam Ltd. (Haryana Discoms) and Gujarat Urja Vika...

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Bombay High Court Allows ESIC Appeal for Interest and Damages in Contribution Recovery Case. Employer's Liability for Delayed Payment of ESI Contributions Attracts Statutory Interest and Damages Under Sections 39(5)(a) and 85-B of ESI Act, 1948.

The appellant, Employees' State Insurance Corporation (ESIC), filed an appeal under Section 82 of the Employees' State Insurance Act, 1948, challengin...

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Bombay High Court Dismisses Petition Challenging Discriminatory Sales Tax Rules Under Article 226. Held that Rule 31B and Rule 31AA of the Bombay Sales Tax Rules, 1959 operate in different contexts and do not violate Article 14 of the Constitution.

The petitioners, M/s Graphite India Limited and another, filed a writ petition under Article 226 of the Constitution of India before the Bombay High C...