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    <title>2021 (9) TMI 1561 - Supreme Court</title>
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    <description>The SC upheld policy-based contractual charges for controlled release of water in hydel project agreements, holding that commercial parties who knowingly accepted the arrangement could not characterise the term as unconscionable, manifestly arbitrary, or discriminatory. It also held that the charge was contractual consideration for the privilege and benefit of assured water supply, not a compulsory tax, so the absence of a statutory taxing provision did not defeat it. The Court further upheld the distinction between captive power producers and independent power producers as rationally connected to preventing additional cost burdens on consumers.</description>
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      <description>The SC upheld policy-based contractual charges for controlled release of water in hydel project agreements, holding that commercial parties who knowingly accepted the arrangement could not characterise the term as unconscionable, manifestly arbitrary, or discriminatory. It also held that the charge was contractual consideration for the privilege and benefit of assured water supply, not a compulsory tax, so the absence of a statutory taxing provision did not defeat it. The Court further upheld the distinction between captive power producers and independent power producers as rationally connected to preventing additional cost burdens on consumers.</description>
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