Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
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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