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B. R. GAVAI, PRASHANT KUMAR MISHRA, K. V. VISWANATHAN
Nabha Power Limited – Appellant
Versus
Punjab State Power Coroporation Limited – Respondent
JUDGMENT
K.V. Viswanathan, J.
1. The present appeal arises from the judgment dated 30.06.2014 of the Appellate Tribunal for Electricity (for short the “APTEL”) in Appeal No. 29 of 2013. By the said judgement, the APTEL dismissed the appeal of the appellant and confirmed the order dated 12.11.2012 of the Punjab State Electricity Regulatory Commission (for short the “State Commission”), insofar as issue no. 1 discussed therein was concerned. That issue concerned the aspect of Mega Power Policy and the effect of the Press Release of 01.10.2009. We are only concerned with the said issue in this Appeal.
FACTS OF THE CASE: -
A) Customs Notification No. 21/2002 dated 01.03.2002.
2. To appreciate the issues involved, certain background facts need to be set out. Goods imported for setting up a Mega Power Project had, under a notification issued under Section 25 of the Customs Act dated 01.03.2002, been granted certain exemptions from customs duty. It will be useful to set out the relevant part of the 01.03.2002 notification.
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