Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
Appointment of Registrars as adjudicating officers under Companies Act reallocates territorial jurisdiction and sets appeal route to Regional Director...
Composite supply of drilling services and site specific chemicals characterised as composite supply; prior advance rulings set aside, tax rate left op...
The Electricity Act, 2003 gives the State Electricity Regulatory Commission exclusive tariff jurisdiction, and Regulation 20 requires it to consider incentives or subsidies availed by a generating company when fixing tariff. A Union incentive scheme is not immune from regulatory consideration merely because it is a Parliamentary grant, since the Commission regulates the tariff payable by the distribution licensee and does not intercept the grant itself. Tariff fixation must also serve the statutory objective of promoting renewable energy. On that basis, the Generation Based Incentive was treated as a benefit for renewable generators over and above tariff, not as a deduction from tariff.
The Electricity Act, 2003 gives the State Electricity Regulatory Commission exclusive tariff jurisdiction, and Regulation 20 requires it to consider incentives or subsidies availed by a generating company when fixing tariff. A Union incentive scheme is not immune from regulatory consideration merely because it is a Parliamentary grant, since the Commission regulates the tariff payable by the distribution licensee and does not intercept the grant itself. Tariff fixation must also serve the statutory objective of promoting renewable energy. On that basis, the Generation Based Incentive was treated as a benefit for renewable generators over and above tariff, not as a deduction from tariff.
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