Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 14 Schedule - Disputes between /icencees and power generating company- Bill for capacity charges- Claim for reimbursement of minimum alternate Tax (MAT) - Whether the Limitation Act s. 3 and the Schedule would apply to any action instituted before the Commission uls. 86(1)(f) - Whether the impugned order passed by APTEL permitting application of principles emerging from s. 14 is against law - Whether the claim for reimbu 1963 - ss. 3 17 4 - Limitation Act Electricity Act 2003 - s. 86(1 )(f) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Electricity Act, 2003 - s. 86(1 )(f), 17 4 - Limitation Act,1963 - ss. 3, 14, Schedule - Disputes between /icenceesand power generating company- Bill for capacity charges-Claim for reimbursement of minimum alternate Tax (MAT) -Whether the Limitation Act, s. 3 and the Schedule wouldapply to any action instituted before the Commission uls.86(1)(f) - Whether the impugned order passed by APTELpermitting application of principles emerging from s. 14, isagainst law - Whether the claim for reimbursement of MATis in contravention of relevant terms and conditions of thePower Purchase Agreement (PPA) - Held: A claim comingbefore the Commission cannot be entertained or allowed if itis barred by limitation prescribed for an ordinary suit beforethe civil court - However, in appropriate case, a specifiedperiod may be excluded on account of principle underlyingsalutary provisions like s. 5 or 14 - Further, such limitationupon the Commission would be only in respect of its judicialpower uls. 86(1 )(f) and not in respect of its other powers orfunctions which may be administrative or regulatory - Asregards order passed by APTEL, in law, the APTEL couldgrant exclusion of certain period on the basis of principles uls. 14 - On facts, AP TEL adopted a just and lawful approachin examining the relevant facts and in excluding the entire.period claimed by respondent which starts from the noticefor arbitration dated 8.9.2003 given by the respondent, tillthe application of the respondent u/s. 11 of the ArbitrationAct before the High Court was finally disposed of on18. 3. 2009 - Challenge to impugned order in respect of viewstaken on the issue of limitation in the light of principles of s.14 fails - As regards the claim for reimbursement, entirephraseology used in Article 3.8 of the PPA clarifies that parties were aware that tax regime keeps changing andtherefore any advance income tax payable for the incomefrom the project only had to be reimbursed by the Board -As a successor of the Board the appeliant cannot avoid theliability to reimburse advance income tax paid by_ theCrespondent, on the ground that MAT was a new variety of taxconcept introduced subsequently in which minimum taxbecame payable on the basis of mere book profits of evenpower generating companies - It cannot be said that such,tax is not on income from the project and thus, not coveredby Article 3.8- Taxable income became amenable to MATon account of s. 115JB - Claim for MAT covered by Article3. 8 and payable as such when requisite conditions stand |
Judge | Hon'ble Mr. Justice Shiva Kirti Singh |
Neutral Citation | 2015 INSC 1033 |
Petitioner | A.p. Power Coordination Committee & Ors. |
Respondent | Mis. Lanco Kondapalli Power Ltd. & Ors. |
SCR | [2015] 12 S.C.R. 447 |
Judgement Date | 2015-10-16 |
Case Number | 6036 |
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