Judgment Search Results Home > Cases Phrase: sashastra seema bal act 2007 section 79 warrants issued under sections 77 and 7 Court: appellate tribunal for electricity aptel Page 11 of about 111 results (0.269 seconds)

Tamil Nadu Generation and Distribution Corporation Ltd Vs. M/S. Lanco ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

..... electricity and not for receiving electricity. if the explanation as given by the state commission is applied, then all the generating companies will be consumers under the act. the respondent no.1 had also not entered into an agreement with the appellant for drawal of power for start-up purpose in terms of the tariff ..... commission under the electricity act, 2003. f) the tamil nadu state commission notified its supply code which is effective from 1.9.2004. revision of development charges for effecting new service ..... ht service connection. e) the tariff order 2003 was applicable to the tariff paid by the respondent company. therefore, the appellant has no authority under the electricity act, 2003 to refund the amount collected. the state commission cannot hold that the provisions of the ppa would prevail over the tariff order passed by the state .....

Maharashtra State Power Vs. Maharastra Electricity

Court : Appellate Tribunal for Electricity APTEL

..... applied should be ceiling and actual values of the operational parameters should be considered subject to the ceiling norms, is inconsistent with the provisions of the act, which mandates encouraging efficiency, competition, good performance etc.therefore, we are of the opinion that the interest on working capital should be determined on normative ..... new projects. we do not agree with the appellant's contention that the commission has disregarded the provisions of section 61 (h) of the electricity act, 2003 while considering tariff fixation of small hydro project.43. the appellant has submitted that billing for incentive should be allowed to be made on ..... facilitate efficient operation of power generation and promoting competition to protect interest of consumers in the state as mandated in the preambles of the indian electricity act, 2003. we observe that the appellant has much larger installed generation capacity of 9510 mw which is geographically dispersed through out the state compared to .....

Dpsc Vs. West Bengal Electricity

Court : Appellate Tribunal for Electricity APTEL

Reported in : (2006)LCAPTEL860

..... .6. the tariff order was passed on 3rd june, 2004. the appellant submitted review application in time before the regulatory commission in terms of section 94(1)(f) of the act. the review petition was entertained and was disposed of on 22nd august, 2005. the tariff order was passed on 3rd june, 2004 for the financial year 2003-04 and 2004 ..... august, 2005 passed in case no.tp(r)9/ 2004-05 in the tariff application of dpsc ltd. passed under section 62(1) read with section 185 of the electricity act, 2003 for the years 2003-04 and 2004-05. (i) disallowance of depreciation charge on new 10 mw dg set at chinakuri (new) power station; (ii) fixation of coal consumer .....

North Eastern Electricity Supply Vs. Orissa Electricity Regulatory

Court : Appellate Tribunal for Electricity APTEL

Reported in : (2006)LCAPTEL278

..... and over estimated the revenue while approving the arr? 9. before taking up the points for consideration it is essential to refer the statutory provisions of the electricity act, 2003. section 60(1) provides that the appropriate commission shall be guided by the principles and methodology specified by the central commission for determination of tariff for ..... of functions under section 86 the regulatory commission shall be guided by the national electricity policy, national electricity plan and tariff policy published under section 3 of the act.11. we will first take up the contention advanced by the appellant, viz. non pass through of actual interest cost in the tariff and provision for ..... be in accordance with the national tariff policy. in other words, the view taken by the commission deserves to be interfered as the commission has not chosen to act in terms of the national tariff policy. hence, this point is also answered in favour of the appellant. points b & c are answered in favour of .....

The Tata Power Company Limited Vs. Maharashtra Electricity Regulatory ...

Court : Appellate Tribunal for Electricity APTEL

..... pro-rata basis when the asset has been put to use during a financial year. 31. in view of the provisions of the tariff regulations the companies act and the accounting standard-6, we find full justification and rationale in the contention of the appellant that proportionate depreciation has to be allowed even for part of ..... analyses and decision 29. reference has been made by the appellant to the tariff regulations, accounting standard-6 of the institute of chartered accountants of india and the companies act. relevant extracts from these references are set out below:- (1) accounting standard-6: clause 3 defines depreciation, depreciable assets, useful life and depreciable amount as below: ..... of clause (a) of section 40-a(5). the observations are clearly confined to the said sub-clause and have no relevance to any other provision in the act. the observations cannot be read dissociated from their context. coming back to the provisions of section 40(c) and the facts of the case before us, the .....

In the Matter Of: Purti Sakhar Karkhana Ltd. Nagpur Vs. the Tata Power ...

Court : Appellate Tribunal for Electricity APTEL

..... transmission utility or the transmission licensee can not grant non-discriminatory transmission open access without verification of contracts/agreements as per section 32(2)(a) of the electricity act, 2003.discussion and analysis 15.0 before proceeding with our analysis we find it appropriate to address certain contention of the learned counsel for the appellant, pskl ..... . hence, the appellant, yash agro approached commission seeking rights of third-party sale in terms of clause 7.4 of the epa and provisions of the electricity act 2003. according to appellant, yash agro, the commission through its order dated 6.05.2008 upheld the rights of the appellant, yash agro to opt for third ..... also filed a petition no. 28 of 2009 on 02.06.2008 and lodged complaint against msedcl under section 142 read with section 149 of the electricity act 2003. the commission has disposed of both the aforesaid petitions on 08.08.2008 by rejecting the contention of the appellant stating that the decision for third .....

Powergrid Corporation of India Vs. Assam State Electricity Board and

Court : Appellate Tribunal for Electricity APTEL

Reported in : (2008)LCAPTEL104

..... engaged in inter state transmission of electricity. the tariffs for the services of the appellant are regulated by the commission as per section 61, 62 and 79 of the electricity act 2003. the appellant, inter alia, set up the kathalguri transmission system which had the following components: 3. the appellant is a wholly owned government of india undertaking. the ministry of ..... or by providing for financial support for the customers of the appellant falling in the eastern region or by granting installments or by any other suitable measure. neither the electricity act 2003 nor the national electricity policy debars a transmitter from recovering the capital cost merely because it is difficult to pay for.10. the appeal is therefore entitled to be .....

Maharashtra State Power Generation Co. Ltd Mumbai Vs. Maharashtra Elec ...

Court : Appellate Tribunal for Electricity APTEL

..... it deferred the consideration of additional capitalization on certain expenditure till the final truing up which is contrary to the principles of section 61 of the 2003 act and national tariff policy. on the other hand the learned counsel for the state commission has maintained the position that the appellant did not submit detailed scope ..... not in accordance with good industry practices. 7.5. in our opinion, the above principles will be in consonance with the provisions of section 61(d) of the act, safeguarding the consumers interest and at the same time, ensuring recovery of cost of electricity in a reasonable manner. 7.6. having laid down the principles for ..... the 250 mw parli extension project (unit no. 6). the central electricity authority also accorded the techno economic clearance to the project, required under the electricity (supply) act, 1948, on 9.7.1999. 2.2. subsequently, on 14.1.2004, the project implementation commenced with placement of order for main plant equipment on m/s. .....

Raigarh Ispat Udyog Sangh Vs. Chhattisgarh State Electricity Regulator ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

..... each of the separate businesses of the generating company. in case the licensee carries on any business or services other than those licensed under the act, licensee shall give separate revenue statements, expenditure statements, balance sheet and cash flow statement together with such details as the commission may require in ..... has ignored the fact that the jindal steel has failed to segregate the accounts of its distribution business from its other businesses by violating the act and the tariff procedure regulations as well as the license regulations, 2004 despite repeated directions issued by the state commission resulting in determination of annual ..... of tariff petition: the state commission has ignored the fact that the jindal steel, the distribution licensee has continuously violated section 64 of the electricity act, 2003 read with chhattisgarh state commissions tariff procedure regulations either by not filing or in delaying the filing of the petition for determination of its annual .....

Shamanur Sugars Limited Vs. M/S. Bangalore Electricity Supply Company ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

..... to an end by efflux of time; and therefore appellant was obliged to supply electricity to bescom as per ppa but the same has not been done. (b) the act of appellant in supplying energy to third party amounts to breach of contract and the appellant, the generating company has to meet consequence of such breach. (c) annexure b ..... 73 of the contract act, which deals with the consequences of breach of contract, provides that, when a contract has been broken, the party who suffers by such breach is entitled to receive ..... on the ground of termination of the ppa, has not supplied the electricity generated by it to the petitioner and instead has sold the electricity to third parties. this act of the 1st respondent is therefore nothing but a breach of the contract and the 1st respondent has to meet the consequences of the breach of contract. 3) section .....