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Judgment Search Results Home > Cases Phrase: bombay electricity duty act 1958 maharashtra section 4 payment of electricity duty Page 1 of about 640 results (0.184 seconds)

Oct 05 2009 (HC)

Ravalgaon Sugar Farm Ltd. Registered Under the Companies Act, 1956 Vs. ...

Court : Mumbai

Reported in : 2009(6)BomCR316; 2009(111)BomLR4332

..... the state government exempted with retrospective effect from 1st april 2000, the consumption of energy generated in a generating station by a person carrying on an industry and consumed by himself for such industry, in the whole of the state of maharashtra, on payment of such part of electricity duty payable under clause (b) of part g of the schedule to the bombay electricity duty act, 1958, as in excess of 15 paise per unit of energy was consumed, subject to the condition that the generating set was installed in pursuance of the government ..... it would be appropriate to reproduce the impugned grs, as under,notification dated 1st april, 2000:under the provisions of section 5-a the bombay electricity duty act 1958 (bom act xl of 1958) and in exercise of the powers conferred there under and in supercession of notification no. ..... in exercise of the powers conferred by section 5a of the bombay electricity duty act, 1958 (bom. ..... this when it issued a fresh notification dated 16th june 2005 and reintroduced the exemption from payment of electricity duty to all the industries who have set up power generation plants for captive consumption.it is pertinent to note that for the first time the government of maharashtra vide its notification dated 22nd june 1993, in exercise of its powers under section 5-a of the act granted exemption in payment of electricity duty for captive consumption in respect of any industrial purpose in the whole of the state .....

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Jan 07 2022 (SC)

The State Of Maharashtra Vs. Shri Vile Parle Kelvani Mandal

Court : Supreme Court of India

..... is submitted that as per section 3(2)(a)(iiia) of the maharashtra electricity duty act, 1958, the charitable intuitions registered under the bombay public trusts act, for the purpose of, or in respect of, school or college, imparting education or training in academic or technical subjects (save in respect of premises used for residential purposes) were exempted from levy of the electricity duty on the consumption charges ..... however, on enactment of the maharashtra electricity duty act, 2016 which repealed the earlier the maharashtra electricity duty act, 1958, no such exemption from levy/payment of electricity duty has been provided to ..... 2961 of 2018, is hereby quashed and set aside and it is held that the original writ petitioners respondents no.1 to 10 herein charitable education institutions registered under the societies registration act and the maharashtra public trusts act, are not exempt from levy/payment of electricity duty levied on the consumption charges or the energy consumed even with respect to the properties used by such charitable education institutions for the purpose of or in respect of the ..... court has failed to consider there is no provision, similar to the repealed act of 1958 (the maharashtra electricity duty act, 1958) in the new act, 2016 (maharashtra electricity duty act, 2016), and the charitable education institutions whether registered 5 before or after coming into the new act of 2016, are not entitled to the exemption from payment of electricity duty .....

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Nov 07 2009 (HC)

Reliance Industries Limited a Company Registered Under the Provisions ...

Court : Mumbai

Reported in : 2010(1)BomCR159

..... policy so announced, the state government issued a notification dated 22/6/1993 in exercise of the powers conferred by section 5a of the bombay electricity duty act, 1958 ('the act' for short) and exempted from july 1993 the consumption of energy in respect of any industrial purpose in the whole of the state of maharashtra from payment of the whole of the electricity duty payable under part - f of the schedule to the said act subject to the following conditions, namely,(i) the exemption shall be available only in respect of energy generated in ..... however, the commission notes that the government of maharashtra currently levies an electricity duty (ed) on the consumption of the units generated from the captive power plant, under the bombay electricity duty act 1958, at the rate of 30 paise per unit on cpps commissioned after 01.04.2000, and at the rate of 15 paise per unit on cpps commissioned before 1st april, 2000.1.106 an important aspect of the philosophy behind this ..... yet another notification in exercise of the powers conferred by section 5a of the act and in supersession of the earlier notification dated 30/10/1996 and exempted with effect from the billing month of april, 2000, the consumption of energy generated through non-conventional sources by a person carrying on an industry in the co-operative sector and consumed by himself for such industry, in the whole of the state of maharashtra from payment of the whole electricity duty payable under clause (b) of part - g of the .....

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Apr 21 2008 (HC)

The Tata Power Company Limited (Formerly Known as Tata Electric Compan ...

Court : Mumbai

Reported in : 2008(3)ALLMR692; 2008(6)BomCR152; (2008)110BOMLR1500; 2008(6)MhLj635

..... petitioners again filed their written submissions and, finally, on 06/08/2002, the deputy secretary, government of maharashtra informed the petitioners that the hon'ble minister had passed the order rejecting the petitioners' application for exemption under rule 35(8) of the said rules and under section 124(6) of the bombay village panchayats act, 1958.11. ..... petitioners obtained the necessary approval and permission under section 44 of the electricity (supply) act, 1944 from the maharashtra electricity board. ..... petitioners prepared a project for installation of the said plant and necessary applications were made to the maharashtra state electricity board under sections 44 and 72 of the electricity (supply) act, 1948. ..... shastri committee, consisting of experts on the subject, was set up to go into the question of frequent break down of electric supply to the city of mumbai and its suburban areas in the years 1986, 1987 and 1988 and the said committee was called upon to give its recommendations and, accordingly, it was unanimously recommended that ..... 1 company gave its proposal for setting up the project at village patnus in view of the exemption which was granted by the central and state government in respect of various taxes so that electric supply would be made to the city of mumbai and its adjoining areas at cheaper rate.18. ..... petitioners made a representation by letter dated 01/02/1994, seeking exemption of payment of the octroi duty in view of sub-rule (8) of rule 35. .....

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Apr 04 1991 (HC)

Andhra Cement Co. Ltd. Vs. Andhra Pradesh State Electricity Board

Court : Andhra Pradesh

Reported in : [1992]75CompCas454(AP)

..... if the company did not pay the amounts, the gram panchayat was entitled to resort to the provisions of sub-section [7] and sub-section [8] of section 129 of the bombay gram panchayats act, 1958. ..... - the board may permit a consumer when he so requests, to pay charges for electricity supplied, consumption deposit or any other charges in instalments provided that, where such request is granted, the consumer shall, in addition to any additional charges leviable due to belated payment as per the clause 32.2 hereof under the other terms and conditions of supply, pay interest charges at 18% per annum, on the amount outstanding out of the charges allowed to be paid in instalments.' 34. ..... it is said that 'colloquial words of a statute have not the fixed and artificial content of scientific symbols, they have a penumbra, a dim fringe, a connotation, for they express an attitude or will into which our duty is to penetrate and which we must enforce when we ascertain it, regardless of any imprecision in its expression (g. p. ..... state of maharashtra, : air1990bom27 strongly relied upon for the company, is clearly distinguishable. .....

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Mar 31 2005 (HC)

The Brihanmumbai Municipal Corporation thru' the General Manager, BEST ...

Court : Mumbai

Reported in : 2005(4)BomCR692; [2006(108)FLR665]

..... on this material, the industrial court could not have possibly come to the conclusion that the respondent was an employee within the meaning of section 3(13) of the bombay industrial relations act, 1946 and an employee within the meaning of section 3(5) of the maharashtra recognition of trade unions and prevention of trade unions act, 1971. ..... the respondent stated that as a deputy charge engineer, he was required to attend to messages relating to 'off supply', stop meters, meter removals due to non payment of electric charges and to attend to complaints of customers. ..... by the order, the industrial court directed the petitioner to revoke the suspension and to allow the respondent to resume duties at a place of his choice or, in the alternative, to pay to the respondent 100% of his wages as suspension allowance in accordance with the standing orders. ..... above all, the admission of the respondent to the effect that his duties were technical and that his basic wage was in excess of rs.1,000/- per month was sufficient to oust the jurisdiction of the industrial court. 10. ..... he stated that the duties of a deputy charge engineer consist of supervising technical activities carried out in the simha section of the undertaking. ..... according to the undertaking upon the salary revision with effect from 1st april, 1996 his basic salary exceeded rs.1,000/-and since the respondent was performing supervisory duties, he was no longer an 'employee' under section 3(13). .....

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Aug 20 1990 (HC)

Mafatlal Industries Ltd. and anr. Vs. Municipal Corporation of Gr. Bom ...

Court : Mumbai

Reported in : 1991(1)BomCR477

..... the statute regulating the rates, collection and transmission is the bombay electricity duty act, 1958 (ed act). ..... the point formulated in the preface arises in the following background: the bombay electric supply and transport (best) is a bombay municipal corporation (bmc) undertaking engaged in the supply of electrical energy to different classes of consumers. ..... correspondence ensued and in one of its letters addressed to the petitioner in the 1981 petition, the best conceded that the rate at which electricity duty had been calculated was wrong. ..... respondent bmc do refund electricity duty charged in excess of that claimable as conceded in ex. l (w.p. no. ..... disputes as to liability and classification for rate of duty under this act have to be resolved by the electrical inspector.3. ..... that company was asked to contact the electrical inspector for a refund of the amount paid in excess in the past. ..... it is licensed to do so and is therefore a 'licensee' under the indian electricity act, 1910 (el act). ..... the state of maharashtra has imposed a duty on units of energy consumed by different classes of consumers. ..... can company maintained rest houses or guest houses in bombay with access restricted to visiting out station officers and directors be said to be 'exclusively used as a private residential premises'2 ..... sections 22 and 23 of el act relied upon by the petitioners forbid a licensee from discriminating between consumers of a like kind in the matter of charging them for the energy supplied. ex. .....

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Nov 26 2008 (HC)

Dish T.V. India Limited and anr. Etc. Vs. State of Uttarakhand and ors ...

Court : Uttaranchal

Reported in : AIR2009Utr31; (2009)26VST649(NULL)

..... below was added in the bombay entertainments duty act, 1923, vide maharashtra act no. ..... advised, may come with the amendments like the one brought by state legislature of maharashtra in the bombay entertainments duty act. ..... all its grammatical variation and cognate expressions shall be construed accordingly;the same definition of word 'broadcasting' has been adopted by the finance act, 2001 (with the following changes made vide finance act, 2003):'broadcasting' has the meaning assigned to it in clause (c) of section 2 of the prasar bharati (broadcasting corporation of india) act, 1990 (25 of 1990) and also includes programme selection, scheduling or presentation of sound or visual matter on a radio or a ..... obtaining sponsorships for broadcasting of any programme or collecting the broadcasting charges on behalf of the said agency or organisation, by its branch office or subsidiary or representative in india or any agent appointed in india or by any person who acts on its behalf in any matter;the telecommunication (broadcasting and cable services) interconnection regulations 2004, provides definition of expression 'directed to home operator' in regulation 2 (k), as under:direct to home operator' means an operator licensed by ..... the petitioners are granted licenses under section 4 of the indian telegraph act, 1885 read with section 5 of the indian wireless telegraphy act, 1933, on payment of license fee. ..... the view from senior electric inspector v. ..... 0088/1957 : [1958]1scr1102 and mathuram agrawal .....

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Jul 09 1986 (HC)

Olympic Oil Industries Ltd. and Another Vs. State of Maharashtra and O ...

Court : Mumbai

Reported in : [1987]65STC191(Bom)

..... not in session and it was necessary to take immediate action to restrict the exemption from payment of sales tax enjoyed by all the eligible units to whom eligibility certificates and the certificates of entitlement were granted in pursuance of the provisions of the 1979 scheme of incentives, and for that purpose to amend the bombay sales tax act, 1959, the bombay sales tax (amendment) ordinance, 1985 (maharashtra ordinance v of 1985) was promulgated by the governor of maharashtra on the 24th may, 1985. 5. ..... the provisions of any package scheme of incentives shall case to have any effect in relation to the exemption from payment of tax under this act or under the central sales tax act, 1956, and the certificate of entitlement issued in favour of such registered dealer by the commissioner under entry 136 of the schedule to the notification issued under section 41 shall stand automatically cancelled on the commencement date and such registered dealer shall not be entitled to claim any ..... the impugned enactment has nothing to do with the package deal, as other concessions, like concessions regarding payment of octroi duty, electricity, etc. .....

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Oct 17 2003 (SC)

Bses Ltd. Vs. Tata Power Co. Ltd. and ors.

Court : Supreme Court of India

Reported in : [2004(3)JCR187(SC)]; JT2003(Suppl2)SC376; (2004)2MLJ1(SC); 2003(8)SCALE758; (2004)1SCC195; 2004(1)LC308(SC)

..... the tata power company) which had been preferred under section 27 of the electricity regulatory commissions act, 1998 (hereinafter called 'the act') challenging the order dated 7.12.2001 of maharashtra electricity regulatory commission (for short 'the commission').2. ..... this standby facility increased to 550 mva by the year 1990 and payment for the same was to be made irrespective of the fact whether electricity was drawn or not and if electricity was drawn, actual payment for the same was to be made over and above the standby charges. ..... both bses and tpc were not satisfied with the order passed by the commission and accordingly preferred separate appeals before the bombay high court which have been decided by a common judgment and order dated 3.6.2003 which is the subject matter of challenge in the present appeals. ..... the committee constituted by the government of maharashtra on 27.5.1999 in its meeting held on 2.5.2000 resolved that in view of constitution of the commission the question of payment of standby charges could only be determined by the commission and accordingly resolved that the said issue be referred to the commission for determination. ..... based on the principles outlined in the order, calculations for the year 2000-2001 should also be made and payments effected suitably by bses and tpc so that the dues to the mseb in respect of standby charges are settled for the past period within three months from the date of the order.4. .....

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