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Case Law Details

Case Name : Union of India Vs NHPC Limited & Ors. (Supreme Court of India)
Appeal Number : Transfer Petition (C) No. 2591-2598/2023
Date of Judgement/Order : 09/10/2023
Related Assessment Year :
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Union of India Vs NHPC Limited & Ors. (Supreme Court of India)

Introduction: In a recent legal development, the Supreme Court of India has taken a significant decision regarding tax disputes related to electricity generation. The case, titled “Union of India vs. NHPC Limited & Ors.,” saw the Supreme Court redirecting these disputes to the respective State High Courts. Additionally, the Union of India has been granted the liberty to expedite the resolution of these matters. This article provides a detailed analysis of the Supreme Court’s decision and its implications.

Detailed Analysis:

1. Background of the Case: The case involves tax disputes concerning the generation of electricity. These disputes have raised questions about the validity of various State legislations that impose taxes and duties on electricity generation. The matters revolve around the legislative competence of these State legislations and their compliance with the law.

2. Arguments Before the Supreme Court: The Supreme Court heard arguments from the learned Attorney General representing the petitioner, the Union of India, as well as from learned senior counsel representing one of the private respondents in the case. The key issue at hand was whether these tax disputes should be addressed at the Supreme Court level or whether they should be dealt with by the respective State High Courts.

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