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    <title>2016 (2) TMI 1284 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=289810</link>
    <description>A solar power developer could not claim the later tariff order as an automatic contractual entitlement where the power purchase agreement tied payment to the tariff order in force and provided that, if commissioning was delayed, the lower of the agreed tariff and the tariff effective on the commissioning date would apply. The earlier tariff order had proceeded on the basis of accelerated depreciation, while also recognising a separate tariff where that benefit was unavailable, but the developer&#039;s election to forgo accelerated depreciation did not override the contract. The later tariff was therefore not available as a matter of contract, and the impugned orders were set aside.</description>
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    <pubDate>Tue, 02 Feb 2016 00:00:00 +0530</pubDate>
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      <title>2016 (2) TMI 1284 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=289810</link>
      <description>A solar power developer could not claim the later tariff order as an automatic contractual entitlement where the power purchase agreement tied payment to the tariff order in force and provided that, if commissioning was delayed, the lower of the agreed tariff and the tariff effective on the commissioning date would apply. The earlier tariff order had proceeded on the basis of accelerated depreciation, while also recognising a separate tariff where that benefit was unavailable, but the developer&#039;s election to forgo accelerated depreciation did not override the contract. The later tariff was therefore not available as a matter of contract, and the impugned orders were set aside.</description>
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      <pubDate>Tue, 02 Feb 2016 00:00:00 +0530</pubDate>
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