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Jul 26 2010

Tata Sky Limited Vs. the State of Uttarakhand and ors.

Court : Uttaranchal

Decided on : Jul-26-2010

Subject : Company

Acts : Companies Act, 1956; ; Indian Telegraph Act, 1885 - Section 4; ; Indian Wireless Telegraphy Act, 1933; ; Uttar Pradesh Entertainment and Betting Tax Act, 1979 - Sections 2, 3, 4, 4A, 4A(4), 4B and 4C; ; Bombay Entertainments Duty Act, 1923; ; Uttar Pradesh Entertainment and Betting Tax (Amendment) Act, 2009; ; Finance Act, 2001 - Sections 65, 65(5), 65(13), 65(63), 65(72) and 137; ; Prasar Bharti (Broadcasting Corporation of India) Act, 1990 - Section 2; ; Finance Act, 2002 - Sections 65, 66(5), 65(14), 65(15), 65(80) and 65(90); ; Finance Act, 2003 - Section 65, 65(16), 65(95), 65(105) and 66(1); ; Finance Act, 2004; ; Finance Act, 2005 - Section 65(16) and 65(105); ; Government of India Act, 1935; ; Cable Television Networks (Regulation) Act, 1995; ; Bengal Amusements Tax Act, 1922; ; We

cent of the gross amount charged by the service provider) even under the Finance Act, 2002.19(iii). Under the Finance Act, 2003, the term 'broadcasting' was re-defined through Section 65(15), which is being extracted hereunder:65. Definitions.- In this Chapter, unless … made to Federation of Hotel and Restaurant Association of India v. Union of India : (1989) 3 SCC 634. In the aforesaid case the appellants were engaged in the hotel/industry. The appellants were subjected to tax at

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Oct 17 2007

In Re: Sasan Ultra Mega Power

Court : Central Electricity Regulatory Commission CERC

Decided on : Oct-17-2007

Subject : Electricity

The present application has been made by Madhya Pradesh Power Trading Company Limited under Section 63 of Electricity Act, 2003 for adoption of tariff determined through international competitive bidding process for supply of electricity from Sasan Ultra Mega … its obligations as Lead Procurer under the Guidelines and the Power Purchase Agreement, the applicant had requested Power Finance Corporation (PFC) to take all necessary actions in this regard and authorized Shri G. Dastidar, AGM, PFC to

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Sep 04 2009

Lanco Infratech Ltd. Vs. Punjab State Electricity Regulatory Commissio ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : Sep-04-2009

Subject : Land Acquisition

the Council of Ministers in unanimity had accepted the tariff in violation of Section 63 of the Electricity Act, 2003. (ii) The State Commission under Section 63 of the Act has to only consider whether the process of … proceed which is ministerial. The State Commission wrongly exercised jurisdiction without properly considering the views of the Power Finance Corporation of the price comparison by making its own comparison on price comparison. Therefore, the order of the

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Apr 06 2023

Haryana Power Purchase Centre Vs. Sasan Power Ltd

Court : Supreme Court of India

Decided on : Apr-06-2023

Subject : Land Acquisition

set up an Ultra Mega Power Project. Towards this end, the Power Finance Corporation Limited of India was to be the nodal agency. It incorporated … J.(1) The six appeals with which we are concerned have been filed under Section 125 of the Electricity Act, 2003 (hereinafter referred to as ‘Act’ for 1 CIVIL APPEAL No.11826 OF2018etc. brevity). The appeals are directed against the … supply the power so procured finally to the consumers. (4) Since what was contemplated was seeking shelter under Section 63 of the Act, we must refer to the guidelines which have been issued by the Central Government purporting

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Jan 16 2009

Bharti Airtel Ltd. (Formerly Bharti Tele Ventures Ltd.) Rep. by Its He ...

Court : Karnataka

Decided on : Jan-16-2009

Subject : Sales Tax/VAT

Acts : Karnataka Value Added Tax Act, 2003 - Sections 2(15), 2(29), 3 and 39; Karnataka Value Added Tax Rules; Companies Act, 1956; Indian Telegraph Act, 1885 - Sections 4; Finance Act, 1994; Sale of Goods Act, 1930 - Sections 2(7); Customs Act, 1962 - Sections 2(22) and 12; Uttar Pradesh Trade Tax Act, 1948 - Sections 2; Kerala General Saks Act 1963 - Sections 2(7); Indian Electricity Act, 1910 - Sections 39; Sales Tax Act; Constitution of India - Articles 14 and 19, 19(1), 226, 246, 366(12) and 366(29A)

Reported in : (2009)22VST465(Karn); 2009(3)AIRKarR235(D.B)

It has also been registered with the 5th respondent, namely, the Commissioner of Service Tax, Bangalore under the Finance Act, 1994 and it has been regularly paying 'Service tax' in respect of the said service.(b) The Appellant Company … of money towards the same. INDIAN SALE OF GOODS ACT, 1930 Section 3 & Karnataka Value Added Tax Act, 2003, Section 2(15): Meaning of the term goods - Activity of providing broad band connectivity by the appellant Company to … Therefore, the 3rd respondent Assessing Authority has rightly observed at page No. 63, of his impugned order, that 'light energy' is 'artificially created' by the

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Mar 09 2017

Jaiprakash Power Ventures Limited vs.union of India & Others

Court : Delhi

Decided on : Mar-09-2017

Subject : Land Acquisition

fixed charges / capacity charges under the regime of electricity tariffs specifically under Section 63 of the Electricity Act, 2003 which provides for determination of tariff by a bidding process; (2) The decision to put a cap on … guidelines for future procurement for power from Thermal Power Stations by distribution licence under the DBFOO [Design, Build, Finance, Own and Operate]. (earlier Case-I) bidding is also under challenge. This Resolution dated 16.04.2015 also resonates the aforesaid

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Mar 09 2017

Mandakini Exploration and Mining Ltd & Ors vs.union of India & ...

Court : Delhi

Decided on : Mar-09-2017

Subject : Land Acquisition

fixed charges / capacity charges under the regime of electricity tariffs specifically under Section 63 of the Electricity Act, 2003 which provides for determination of tariff by a bidding process; (2) The decision to put a cap on … guidelines for future procurement for power from Thermal Power Stations by distribution licence under the DBFOO [Design, Build, Finance, Own and Operate]. (earlier Case-I) bidding is also under challenge. This Resolution dated 16.04.2015 also resonates the aforesaid

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Mar 09 2017

Monnet Power Company Limted vs.union of India & Others

Court : Delhi

Decided on : Mar-09-2017

Subject : Land Acquisition

fixed charges / capacity charges under the regime of electricity tariffs specifically under Section 63 of the Electricity Act, 2003 which provides for determination of tariff by a bidding process; (2) The decision to put a cap on … guidelines for future procurement for power from Thermal Power Stations by distribution licence under the DBFOO [Design, Build, Finance, Own and Operate]. (earlier Case-I) bidding is also under challenge. This Resolution dated 16.04.2015 also resonates the aforesaid

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Oct 08 2021

Maharashtra State Electricity Distribution Company Limited Vs. Maharas ...

Court : Supreme Court of India

Decided on : Oct-08-2021

Subject : Land Acquisition

executed pursuant to a bidding process carried out by the Appellant under the aegis of the MERC under Section 63 of the Electricity Act, 2003. The tariff was adopted by the MERC (Respondent No.1) and the Power Purchase … MAHARASHTRA ELECTRICITY REGULATORY COMMISSION & ORS. .…Respondent(s) JUDGMENT Indira Banerjee, J.This appeal, under Section 125 of the Electricity Act 2003, is against a judgment and order dated 27th April 2021 passed by the Appellate Tribunal for Electricity, hereinafter … with carrying cost or actual cost incurred because any interest paid for finances raised cannot have any nexus to the LPS as it is not

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Aug 18 2010

In the Matter Of: Kerala State Electricity Board Vydyuthi Bhavanam Vs. ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : Aug-18-2010

Subject : Land Acquisition

the following issues are raised for consideration: (i) Disallowance of interest and Finance Charges; (ii) Disallowance of Depreciation claim by the Appellant; (iii) Disallowance of … relevant facts of the case are as follows. 3. The Appellant is a deemed licensee under the Electricity Act, 2003 in regard to various activities which require licenses under the said Act. After coming into force of the … Board. In case such a limitation is read, into the aforesaid provisions, the purpose of the Act including section 63 will be frustrated. Since the Commission has the power to determine the tariff and the ARR of a

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