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Judgment Search Results Home > Cases Phrase: income tax act Court: appellate tribunal for electricity aptel Year: 2012 Page 1 of about 9 results (0.045 seconds)

Jul 20 2012 (TRI)

Andhra Pradesh Power Co-ordination Committee and Others Vs. Andhra Pra ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : Jul-20-2012

..... ble aptel has ultimately held: (i) the definition of law and change in law as per the ppa would clearly establish that the amendment of income tax act, 1961 by introduction of section 115 jb by legislature squarely falls under the definition of change in law under clause 20.21 of the ppa. (ii) the ..... not be entitled to claim the amount made under the mat in respect of the period 2006 to 2009 as they have availed the tax holiday under section 80-ia of income tax act, 1961 and as such the impugned order is wrong. 11. on this point, we have heard both the learned counsel for the ..... objection stating that the lanco kondapalli would not be entitled to the payment of mat in respect of the said period since the tax holiday under sec 80-ia of the income tax act had been availed. the state commission after hearing both parties passed the impugned order dated 20.3.2012 dealing with the said ..... categorically held that the jai prakash power ventures, the appellant is entitled to payment of mat as per actuals during the tax holiday period availed by appellant under section 80-ia of the income tax act, 1961. the findings in this matter also attained finality as the ratio decided in that case has not been set ..... of its project i.e. from fy 2003-04 onwards. however, by insertion of section 115 jb in the income tax act w.e.f. 1.4.2001, the petitioner and such other companies availing tax holiday under section 80-ia are subjected to payment of mat. 30. the learned advocate for the respondent in .....

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Oct 18 2012 (TRI)

Sree Rayalaseema Alkalies and Allied Chemicals Ltd., and Another Vs. K ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

Decided on : Oct-18-2012

..... refund of income tax. ultimately, a decision was arrived at by the power company of karnataka limited, the 3rd respondent ..... the appellant in reply dated 25.8.2007 stated that it had not derived savings in income tax liability for the financial year 2005-06 and therefore, no amount was to be refunded on account of changes in the income tax act. (g) thereafter, several letters had been exchanged between the parties on the issue of ..... at the time of submitting the bid i.e. 30% exemption over the second five year period notwithstanding that appellant had not actually paid any income tax on account of losses incurred in the first five year period. (i) aggrieved by this order dated 24.11.2011, the appellant filed a ..... be assigned to them. (d) during the discussion with the karnataka power transmission company limited, the 2nd respondent, the issue relating to refund of income tax as per article 11.5 of the ppa arose. (e) the appellant sent a letter dated 17.10.2006 to state power procurement co-ordination ..... made regular payments for the supply received from the appellant. however, the law was amended to provide an exemption from the payment of income tax for the 6th to 10th year also. in terms of above, the appellant had benefited against the projected tariff. therefore, the appellant was liable to .....

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Jul 02 2012 (TRI)

M/S. Lanco Kondapalli Power Limited, Hyderabad Vs. Andhra Pradesh Powe ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : Jul-02-2012

..... of the project was declared on 26.7.2000. in the meantime, the provision relating to the payment of minimum alternate tax (mat) was inserted into the income tax act, 1961 w.e.f 1.4.2001. the appellant was a minimum alternate tax (mat) assessee. it paid mat for all the assessment years. (7) as per article 3.8 of the ppa, all advance ..... supplemental bills for reimbursement of the income tax amount paid by them. however, the transmission corporation of andhra pradesh (aptransco) (r-2) failed to make any payment despite several reminders and notices sent by the appellant. (8) owing ..... income tax payment made by the appellant has to be refunded by the transmission corporation i.e. aptransco (r-2) to the appellant on ..... proof of payment of such income tax. in terms of the above clause of the ppa, the appellant called upon the respondent-2, m/s. transmission corporation of andhra pradesh (aptransco) to make payments by issuing the .....

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Aug 31 2012 (TRI)

The Tata Power Company Limited, a Company Incorporated Under the India ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : Aug-31-2012

..... whether the commission was justified in disallowing contribution towards contingency reserve investments for the financial year 2008-09? vii) whether the commission was justified in not giving treatment of income tax according to the directives of the tribunal. viii) whether the commission was justified in refusing entitlement of efficiency gain on account of operation and maintenance expenditure despite alleged significant increase ..... commission had originally allowed 0.25% of the incremental assets addition towards contribution to contingency reserves in financial year 2008-09. 11.7 with respect to wrongful treatment of income tax the commission contends that the matter is pending for consideration by this tribunal in appeal no.174 of 2009. 12. in appeal no.18 of 2011 the commission has ..... the distribution business and secondly, the amounts in contingency reserves may be drawn or utilised in the manner laid down in the act, 1948 and the regulations, 2006. 8.7 on the issue of wrongful treatment of the income tax it is submitted that the said issue was an issue before this tribunal in appeal no.174 of 2009 (tata power ..... year 2010-11, e) wrongful denial of capitalization of rs.90 crore claimed towards capitalization of land, f) disallowance of contribution towards contingencies reserves and g) wrongful treatment of income tax. 6. in appeal no.18 of 2011, that relates to generation business, the issues ventilated are:- a) denial of actual interest rate paid by the appellant on the loan .....

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Jul 20 2012 (TRI)

M/S. Jaiprakash Power Ventures Limited, (U.P.) Vs. Haryana Electricity ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : Jul-20-2012

..... industries v. commissioner of central excise (2007) 6 scc 769 (f) baradakanta misra v. bhimsen dixit (1973) 1 scc 446 (g) suresh desai and associates v. commissioner of income tax (delhi hc) (1998) 230 itr 912 (delhi) 126. in reply to this submission made by the senior learned counsel for ptc (r-3), the learned senior counsel appearing for ..... dealing with this question, it would be proper to analyse the legal position with reference to the functions of the state commission. section 86 (1) (f) of the electricity act, 2003 (the act) provides as under: (86) functions of state commission (1) the state commission shall discharge the following functions, namely:- . (f) adjudicate upon the disputes between the ..... with this question, it would be proper to analyse the legal position with reference to the functions of the state commission. section 86 (1) (f) of the electricity act, 2003 (the act) provides as under (86) functions of state commission (1) the state commission shall discharge the following functions, namely:- (f) adjudicate upon the disputes between the licensees ..... power of the state commission to adjudicate upon disputes between the licensees and the generating companies and to refer any dispute for arbitration. let us quote section 86 of the act now 86. functions of state commission. (1) the state commission shall discharge the following functions, namely:- (a) . (b) . (c) . (d) . (e) . (f) adjudicate upon the .....

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Sep 13 2012 (TRI)

Reliance Infrastructure Limited, Mumbai Vs. the Maharashtra Electricit ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : Sep-13-2012

..... of apr for the fy 2007-08 which included true up for fy 2006-07, disallowed certain entitlements in respect of efficiency gains on account of lower auxiliary power consumption, income tax on plf incentive, certain mandatory expenses for environmental related activities, etc. aggrieved by this, the appellant filed an appeal before this tribunal. ii) the tribunal by its judgment dated 28 ..... and appeal no. 173 of 2009. 6.3 carrying cost on deferred recovery: the appellant has not pressed this issue in the present appeal as the incentive and the corresponding tax liability thereon get determined only after the completion of the year. 7. the state commission submitted counter affidavit and written submissions on the various issues which we shall be discussing ..... income is allowed because corresponding expenses to earn that income had already been incurred. hence it may not be appropriate to indicate that these accruals are mere book adjustment and do not involve the cash flow. in other words, it ..... entitled to depreciation at this rate but also entitled to a carrying cost as its legitimate claim was denied at the appropriate time 11. although the appellant may have accrued income, the cost had already been incurred by the appellant and here has been cash outflow in respect of the same. on accrual .....

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Aug 14 2012 (TRI)

Chhattisgarh State Power Distribution Co. Ltd., Raipur Rep. by Its Sup ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : Aug-14-2012

..... what has happened in instant case. this is not correct as the surplus appears to have been generated due to revenue from sale of surplus power/income from ui. 12.17 according to the learned counsel for the appellant, the surplus should be apportioned in the utilization of the internal funds utilized ..... ought to be made from the said fund and ought not to be separately paid by the utilities. since the year 2006-07, the net income of the pension and gratuity fund trust has been more than the payments made to the pensioners. further, no actuarial valuation of the fund has ..... fund. increased amount cannot be allowed merely because the electricity board kept a higher provision in the accounts to be paid later for avoiding fringe benefit tax or a higher allowance made in the tariff order for the fy 2005-06. the true up has been made correctly by the state commission ..... crores over and above the actual contribution of rs. 79.62 crores, so that the contribution may be paid later, perhaps without suffering the fringe benefit tax or at least the state commission should have allowed rs. 111.01 crores which was approved in the tariff order for fy 2005-06. we feel ..... on this issue. 8.2 the learned counsel for the state commission has submitted that the entire trading activity has been undertaken by the electricity board acting as a distribution licensee and the trading activity is only incidental to the distribution activities undertaken by the electricity board. the primary responsibility of the .....

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May 30 2012 (TRI)

Reliance Infrastructure Limited, (Formerly Reliance Energy Limited), M ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : May-30-2012

..... and revenue heads, to examine that expenses of other businesses are not being passed on to the consumers under regulated business, and also that the complete and due income of the regulated business is being retained under the regulated business, examine as to whether the assets being reported under regulated business are actually physically existing and are being ..... available to the investigating authority. power purchase from other sources one view was that rinfra-d would have procured power from other sources under the provisions of electricity act, 2003 which allows a distribution licensee to procure power from any source. as mentioned earlier rinfra had intention of sourcing power from outside and approached the commission for ..... agreements for purchase of power for distribution and supply within the state; (c) facilitate intra-state transmission and wheeling of electricity; (d) issue licences to persons seeking to act as transmission licensees, distribution licensees and electricity traders with respect to their operations within the state; (e) promote co-generation and generation of electricity from renewable sources of ..... of india, bella vista, raj bhavan road, khairatabad, hyderabad - 500082, in its investigation and make available all the required data as desired. 7. the investigating authority shall act as per section 128 of the ea 2003, as directed by the commission and authorised by the commission to do so under this section including whenever necessary employ any auditor .....

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Sep 04 2012 (TRI)

Kerala State Electricity Board, Kerala Vs. Kerala State Electricity Re ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : Sep-04-2012

..... of further revenue surplus during the year 2006-07 to 2008-09 or because of efficiency of operation of the appellant there could be surplus income during the fy 2009-10. the state commission also erred in rejecting the proposal of the appellant for tariff rationalization on the ground of tariff ..... uncontrollable. every state commission must have in place a mechanism for fuel and power purchase cost in terms of section 62 (4) of the act. the fuel and power purchase cost adjustment should preferably be on monthly basis on the lines of the central commissions regulations for the generating ..... has become necessary for this tribunal to give appropriate directions, to correct this situation by invoking the powers under section 121 of the act which is permissible under law. so, the second question is also answered accordingly. (vi) fuel and power purchase cost is a major expense of ..... would be necessary that the state commissions also to provide for power purchase cost adjustment formula as intended in the section 62(4) of the act to compensate the distribution companies for the increase in cost of power procurement during the financial year. in the above situation, as indicated above it ..... fuel and power purchase cost is also uncontrollable and it has to be allowed as quickly as possible according to the tariff policy. the electricity act, 2003 under section 62(4) has specific provision for amendment of the tariff more frequently than once in any financial year in terms of fuel .....

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