Court : Appellate Tribunal for Electricity APTEL
..... not allowed tpc to adjust the fac in the revenue for power supply thereby not following the accrual/mercantile accounting policy followed by the tpc under the companies act, 1956. 42. in the above context, tpc submitted that the finding of merc is contrary to the applicable statutory provisions, relevant accounting standards and the settled ..... utility has to plan in advance and should be in a position to supply power as demanded from time to time. section 42, 43 of the electricity act 2003 also should not be lost sight of. to meet the ever increasing demand consequent to development and improvement in the status of the consumer public, industrialization ..... learned counsel mr. amit kapur appearing for the appellant emphasized that the situation for both delhi and mumbai are similar since vi schedule to the electricity (supply) act, 1948 and 1994 notifications are applicable, and that the interpretation of the 1994 notification shall be binding for merc order in mumbai also. 12. tpc further .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... commissions tariff regulations for distribution in these appeals is not sustainable under law and so it deserves outright rejection. ii. section 61 of electricity act 2003 provides that the state commission shall frame regulations specifying the terms and conditions for determination of tariff. it is true that while framing the regulations ..... and methodologies with reference to the distribution but it merely deals with the principles in respect of generation and transmission. there is no provision in the act by which the central commission can frame any regulation with reference to the distribution. in such a situation, the state commission is free to frame ..... of the regulation requiring the submission of audited accounts. (b) the impugned order has not followed section 61 (a) and section 62 of the electricity act, 2003 which envisages that the state commission shall be guided by the principles and methodology specified by the central commission for determination of the tariff. regulation .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... the state commission has not determined the cost of supply and cross subsidy by the subsidizing category of the subsidized category to show whether the objective of the act and tariff policy to gradually reduce the cross subsidy has been met or not. however, the respondent distribution company (wesco) has, in its written submissions, ..... the state commission shall be applicable from the date of issue of orders by the commission in this regard. 20. as per section 108 of the electricity act, 2003, the state government can issue policy directions to the state commission involving public interest. the state government is also entitled to issue policy directives considering ..... retail supply tariff, reduction in bulk supply tariff and government subsidy, etc. 15. the commission is to be guided by section 61 (d) of the electricity act. according to this, the state commission shall have to take into consideration the consumer interest and at the same time, recovery of the cost of the electricity .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... plant of the appellant is to be considered as a captive generation plant.11. the central government in exercise of powers conferred under section 176 of the electricity act, 2003 (act 36 of 2003) has made rules called 'the electricity rules, 2005'). rule 3 of the rules of 2005 lays down the requirements of captive generating plant ..... facility shall be adjudicated upon by the appropriate commission.23. according to proviso to sub-section (1) of section 9, no licence is required under the act of 2003 for supply of electricity generated from a captive generating plant to any licensee and to any consumer subject to the regulations made under sub-section (2 ..... of individuals or artificial juridical person falls within the definition of 'person'. undoubtedly, the appellant is a person, since it is a company incorporated under the companies act.10. as per the averments made in the amended petition (before the pserc) filed by the appellant, the appellant is to consume not less than 65% of .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... regulation, namely, regulation 56(ii)(b) of the central commission, regulation 3(a) of the state commission, tariff policy and the provision of the electricity act, 2003 would make it clear that the national tariff policy provides with regard to depreciation that the central commission shall notify the rate of depreciation in such ..... tariff regulations framed by the state commission as well as the central commission, which cannot be challenged in this tribunal. b) section 61 of the electricity act, 2003 provides that the appropriate commission shall be guided by the central commissions guidelines and methods specified by the central commission, as well as the ..... in violation of national tariff policy, the regulations and the judgment of the tribunal dated 13.12.2006. this is not correct. section 61 of the act provides that the appropriate commission shall be guided by the principles and methods specified by the central commission, national electricity policy and the national tariff policy. .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... granted authorisation under the authorising regulations, 2008. these provisions do not refer to anything with respect to the retrospective effect. in other words, the act and the relevant regulations do not contain any provision which empower the petroleum board to apply the tariff order retrospectively. in the present case, the ..... common carrier pipeline on authorisation by the petroleum board. 63. gujarat petronet has been operating on an existing natural gas pipeline even prior to the act coming into force. the gujarat petrolnet applied for grant of authorisation under regulation 18 of the authorising regulations on 6.12.2008. as mentioned earlier, ..... laying, building, operating and expanding natural gas pipelines for transportation of natural gas. (c) in terms of the petroleum and natural gas regulatory board act, 2006 (petroleum board act), the petroleum board (r-1) is entrusted with the responsibility of authorising entities to lay, build, operate or expand natural gas pipelines and .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... . 23. as per this section, the acceptance must be absolute , unconditional and unqualified 24. let us now refer to section 8 of the indian contract act which reads as under: section 8 acceptance performing conditions, or receiving consideration: performance of the conditions of proposal, or the acceptance of any consideration for a reciprocal ..... petitioner was neither accepted vide letter dated 30thapril, 2004 in a manner which is absolute and unqualified as required under section 7 of the indian contract act nor the correspondence on record establish acceptance by conduct as contended by the petitioner. as such, no concluded contract had emerged. the petition for adjudication ..... sale of above surplus power. this letter also would not indicate that absolute acceptance by the appellant was made and communicated under section 7 of the contract act. on the other hand, it has been intimated to the respondent to look for an alternative arrangement for sale of power. (e) thereafter, there were .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... charges applicable to the conventional power as transmission and wheeling charges for bagasse based co-generation plants. this has been done as per the promotional measures specified in the electricity act and policy. therefore, the contention of the appellant that there was no encouragement to renewable energy co-generation has no substance. accordingly, the appellants contention is rejected. 21. ..... and the impugned order was issued in line with the previous orders after inviting the comments from public on every related issue u/s 62 of the electricity act, 2003 and that therefore, the commission cannot be accused of having not followed the due process of law as envisaged u/s 62 of the electricity ..... act, 2003. 12. we have carefully considered the submissions made by the parties. 13. on the very same issue we have rendered a judgment in appeal nos.197,198 .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... should have been within 20% of the cost of supply at the respective voltage of supply. the legislature by amending section 61(g) of the electricity act by act 26 of 2007 by substituting eliminating cross subsidies has expressed its intent that cross subsidies may not be eliminated. 17. the tariff policy provides that the ..... ending 31.3.2011. 7. the following issues arise in appeal no. 131 of 2012 a. whether the state commission has rightly followed the provisions of the electricity act, 2003, the national electricity policy, the national tariff policy, berc (terms and conditions for determination of tariff) regulations, 2007, recommendations of : shunglu committee, and the ..... without any basis and genuine grounds. 4. appeal no. 134 of 2012 this appeal has been preferred by the appellant under section 111 of the electricity act, 2003 against the order dated 4.1.2012 passed by the bihar electricity regulatory commission (hereinafter called the state commission) in tp-7/2011 whereby the .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... for normative interest /regulatory depreciation etc. to arrive at book profit before tax. (iii) this is further adjusted for various tax disallowances/exemptions/deductions under the income tax act, 1961. (iv) the resultant figure is the taxable income on which tax is to be paid. (v) current tax rate is applied on the taxable income to ..... 2009-10, the appellant has presented this appeal. the facts are as follows. 3. the appellant is a company incorporated under the provisions of the indian companies act, having its registered office in mumbai. the appellant is a generation company. the appellants submitted a petition on 28.11.2008 in case 111 of 2008 for truing ..... norms approved by the state commission. 17. according to the appellant, the state commission by not allowing the increased heat rate on actuals has acted in violation of provisions of the act. section 61(b) provides that the appropriate commission is to be guided by the fact that the generation business is to be conducted on .....
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