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High Court

Bombay High Court Allows JSW Steel's Challenge to Electricity Duty Demand on Captive Consumption. Held that electricity generated from captive power plant and consumed for own use is not 'sold' and thus not exigible to electricity duty under the Bombay Electricity Duty Act, 1958.

2 Apr 2026

The petitioner, M/s. JSW Steel Limited, a company engaged in steel manufacturing, operates a captive power plant (CPP) at its factory in Raigad, Mahar...

Supreme Court

Supreme Court Upholds Rajasthan Electricity Regulatory Commission’s 2016 Open Access Regulations. Balancing Grid Stability and Consumer Rights Under the Electricity Act, 2003

1 Apr 2025

Jurisdiction of RERC – Whether RERC could regulate inter-state open access under the Electricity Act, 2003. Held: Yes, as the Act empowers State ...

Supreme Court

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.

3 Mar 2023

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

Supreme Court

Supreme Court Upholds Penalty for Excess Load Consumption as Unauthorised Use of Electricity Under Section 126 of Electricity Act, 2003 — Assessment at Twice the Higher Tariff Applicable for the Category of Use, Not Consumer's Category. The court held that consumption in excess of connected load constitutes unauthorised use under Explanation (b)(iv) and assessment under Section 126(6) must be at twice the tariff for the category for which electricity was unauthorisedly used.

9 Dec 2022

The case involves a batch of appeals by the Kerala State Electricity Board (KSEB) against a judgment of the Kerala High Court which held that for unau...

Supreme Court

Supreme Court Dismisses State's Appeal in Electricity Duty Exemption Case for Charitable Educational Institutions. The Court upheld the High Court's decision that charitable education institutions registered under the Maharashtra Public Trusts Act, 1950 are exempt from payment of electricity duty under Section 3(2)(iii) of the Maharashtra Electricity Duty Act, 2016, interpreting the provision to avoid absurdity and uphold Article 14 of the Constitution.

7 Jan 2022

The dispute arose from the State of Maharashtra's appeal against a High Court judgment that exempted charitable educational institutions from payment ...

Supreme Court

Supreme Court Allows Appeal in Electricity Duty Case Due to Statutory Interpretation. Levy Under Bihar Electricity Duty Act 1948 Not Applicable as Supply Was to Licensee, Not Consumer as Defined Under Sections 2(b) and 2(ee).

24 Sep 2021

The appeal arose from a judgment of the Patna High Court dated 18 September 2017, which declined to entertain a writ petition filed by the appellant, ...

Supreme Court

Supreme Court Allows Appeals of Transmission Corporation and Regulatory Commission in Electricity Tariff Disputes. Wheeling Charges and Grid Support Charges Upheld as Valid Levies Under Andhra Pradesh Electricity Reforms Act, 1998.

29 Nov 2019

The Supreme Court of India heard a batch of appeals concerning the levy of wheeling charges and grid support charges by the Transmission Corporation o...

Supreme Court

Supreme Court Dismisses Appeal of Distribution Licensee in Standby Charges Dispute with Another Licensee — Standby Charges Fixed by Government Order and Principles of Agreement Held Binding. The court upheld the Appellate Tribunal's order that TPC could not recover standby charges beyond Rs.3.5 crores per month from BSES/REL for the 275 MVA facility, as per the Government of Maharashtra's order dated 19.1.1998 and the Principles of Agreement dated 30.1.1998.

2 May 2019

The case involves a dispute between Tata Power Company Ltd. (TPC), a distribution licensee supplying electricity to the entire city of Mumbai, and Ada...

High Court

Bombay High Court Dismisses Revenue's Appeal in Income Tax TDS Case — Wheeling and Transmission Charges Not Rent Under Section 194I. Payments for Use of Transmission Lines Held Not Rent as No Transfer of Possession or Right to Use Occurs.

8 May 2015

The case involves an appeal by the Commissioner of Income Tax (TDS) against the order of the Income Tax Appellate Tribunal (ITAT) which held that whee...

High Court

Bombay High Court Allows Writ Petition in Electricity Dues Dispute — Transferee Not Liable for Predecessor's Arrears Beyond Six Months Under MERC Regulations 2005. The court held that under Regulation 10.5 of the MERC (Electricity Supply Code and Other Conditions of Supply) Regulations, 2005, a transferee is liable only for six months of unpaid electricity charges, not the entire arrears.

16 Sep 2011

The petitioner, M/s. Namco Industries Pvt. Ltd., filed a writ petition under Article 226 of the Constitution seeking a direction to the Maharashtra St...

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