Skip to content
  • Facebook
  • X
  • Linkedin
  • WhatsApp
  • YouTube
  • Associate Journalism
  • About Us
  • Privacy Policy
  • 033-46046046
  • editor@artifex.news
Artifex.News

Artifex.News

Stay Connected. Stay Informed.

  • Breaking News
  • World
  • Nation
  • Sports
  • Business
  • Science
  • Entertainment
  • Lifestyle
  • Toggle search form
  • Access Denied World
  • Ganguly welcomes international friendlies, calls for regular exposure for Indian footballers
    Ganguly welcomes international friendlies, calls for regular exposure for Indian footballers Sports
  • Ex-Prime Minister Manmohan Singh’s Ashes Immersed At Yamuna Ghat
    Ex-Prime Minister Manmohan Singh’s Ashes Immersed At Yamuna Ghat Nation
  • EAM Jaishankar holds talks with Chinese counterpart Wang Yi
    EAM Jaishankar holds talks with Chinese counterpart Wang Yi World
  • Access Denied
    Access Denied Nation
  • Tomatoes Thrown, Protest Outside Allu Arjun’s Home Over Stampede Death
    Tomatoes Thrown, Protest Outside Allu Arjun’s Home Over Stampede Death Nation
  • The Durand Line: Fragile frontier
    The Durand Line: Fragile frontier World
  • N. Chandrasekaran to step down as chairman of Tata Sons  | 5 key questions answered
    N. Chandrasekaran to step down as chairman of Tata Sons  | 5 key questions answered Business
In Setback To Himachal, High Court Strikes Down Cess On Hydropower Generation

In Setback To Himachal, High Court Strikes Down Cess On Hydropower Generation

Posted on March 5, 2024 By admin


The high court has termed the cess unconstitutional.

Shimla:

In a setback to the Sukhwinder Singh Sukhu-led Congress government, the Himachal Pradesh High Court on Tuesday declared the water cess levied on hydropower generation unconstitutional. With this, the government will have to forgo an annual revenue of around Rs 2,000 crore it was hoping to make by levying the cess on hydroelectric projects.

The Sukhu-led Himachal government has now decided to move the Supreme Court on the issue.

A high court division bench of Justices Tarlok Singh Chauhan and Stayen Vaidya on Tuesday said that the provisions of the Himachal Pradesh Water Cess on Hydropower Generation Bill, 2023 exceed the state’s legislative competence as per Articles 246 and 265 of the Constitution of India, rendering it ultra vires (beyond its legal powers).

Sections 10 and 15 of the Himachal Pradesh Water Cess on Hydropower Electricity Generation Act, 2023, dealing with fixation and liability to pay cess made applicable to the existing projects, are declared to be unconstitutional and stand quashed, the bench said.

“The provisions of the Himachal Pradesh Water Cess on Hydropower Electricity Generation Act, 2023, are declared to be beyond the legislative competence of the State Government in terms of Articles 246 and 265 of the Constitution of India. Consequently, the Himachal Pradesh Water Cess on Hydropower Electricity Generation Rules 2023, are also quashed and set aside,” the judgment passed by a division bench of Justices Tarlok Chauhan and Satyen Vaidya stated.

Rajnish Maniktala, the advocate of the petitioner said “There are potential hydroelectric projects in the state. The government of Himachal Pradesh invited projects to exploit the potential and the investors invested lots of money projects were commissioned and there was no concept of water cess then for taxation.”

He further added that the government and legislature came up with an Act and levied the Cess depending on the generation and usage of water. This amount was calculated in Crores of rupees and the petitioners questioned this act. As per Article 246 of the Constitution, there were no powers of the state.

“Consequently the court has ordered a refund of the money to those projects from whom the state government has charged water Cess. Article 265 of the Indian constitution says no tax can be levied by the state government on the provisions of the law. It has been sound that this act is unconstitutional and has observed that it has ultra vires the constitution. There were nearly 40 petitioners in the case,” added Mr Maniktala.

Anup Kumar Rattan, Advocate General of the High Court, said, “The state government had constituted the Water Cess Act and it has been quashed by the High Court. The Act was constituted with the idea to generate resources in the state as over 70% area in the state either is under occupation of forest or water area. The state government tried an attempt to tap those resources. Such Acts were functional in Jammu and Kashmir, Uttarakhand and Sikkim and governments are getting revenue.”

He further said that along similar lines, the state government had imposed water cess on hydropower generation companies on the uses of water and there was a possibility of generating income for the state.

The court has declared it unconstitutional as it was not in the competence of the state government. The court has also ordered that if tax is charged, the refund should be given within four weeks.

The state is facing an acute fiscal crunch and some of the hydropower players have already deposited Rs 33 crore as cess. The case in the high court had been filed by nearly 40 hydropower generators.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)



Source link

Nation Tags:Himachal Pradesh, Hydel Generation, Sukhvinder Singh Sukhu

Post navigation

Previous Post: Ashwin, a modern master with a positive mindset
Next Post: US President Joe Biden Says “Very Dangerous” If No Gaza Ceasefire By Ramadan

Related Posts

  • Giant Wheel Gets Jammed Midway At Delhi’s Ramlila Maidan, 20 Rescued Close To Midnight
    Giant Wheel Gets Jammed Midway At Delhi’s Ramlila Maidan, 20 Rescued Close To Midnight Nation
  • BJP On Mallikarjun Kharge’s “Party Of Terrorists” Remark
    BJP On Mallikarjun Kharge’s “Party Of Terrorists” Remark Nation
  • Explained: Controversy Surrounding Netflix’s ‘IC 814: The Kandahar Hijack’
    Explained: Controversy Surrounding Netflix’s ‘IC 814: The Kandahar Hijack’ Nation
  • Access Denied
    Access Denied Nation
  • Big Setback To Jagan Reddy As 2 Rajya Sabha MPs Resign, Likely To Join TDP
    Big Setback To Jagan Reddy As 2 Rajya Sabha MPs Resign, Likely To Join TDP Nation
  • Ahmed Patel’s Daughter Mumtaz Patel’s “Alliance Dharma” Remark As AAP Gets Bharuch Seat
    Ahmed Patel’s Daughter Mumtaz Patel’s “Alliance Dharma” Remark As AAP Gets Bharuch Seat Nation

More Related Articles

Access Denied Access Denied Nation
Four fall unconscious in wastewater tank near Sriperumbudur Four fall unconscious in wastewater tank near Sriperumbudur Nation
“He Was Blackmailing Me. I Threw Acid On Him”: UP Woman Attacks Ex-Lover “He Was Blackmailing Me. I Threw Acid On Him”: UP Woman Attacks Ex-Lover Nation
Access Denied Access Denied Nation
Ex-PM HD Deve Gowda’s Son-In-Law C N Manjunath To Make Poll Debut On BJP Ticket Ex-PM HD Deve Gowda’s Son-In-Law C N Manjunath To Make Poll Debut On BJP Ticket Nation
Access Denied Access Denied Nation
SiteLock

Archives

  • September 2026
  • August 2026
  • July 2026
  • June 2026
  • May 2026
  • April 2026
  • March 2026
  • February 2026
  • January 2026
  • December 2025
  • November 2025
  • October 2025
  • September 2025
  • August 2025
  • July 2025
  • June 2025
  • May 2025
  • April 2025
  • March 2025
  • February 2025
  • January 2025
  • December 2024
  • November 2024
  • October 2024
  • September 2024
  • August 2024
  • July 2024
  • June 2024
  • May 2024
  • April 2024
  • March 2024
  • February 2024
  • January 2024
  • December 2023
  • November 2023
  • October 2023
  • September 2023
  • August 2023
  • July 2023
  • June 2023
  • May 2023
  • April 2023
  • March 2023
  • February 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022

Categories

  • Business
  • Nation
  • Science
  • Sports
  • World

Recent Posts

  • Handloom weavers block Tenkasi-Madurai road
  • Ecologists urge scientists and policymakers to study imminent ‘Super’ El Niño to prepare for the future
  • Greenland, Denmark say Trump deal won’t compromise sovereignty
  • Bengaluru passengers welcome government move against advance tipping, drivers seek fairer fares
  • NTPC terminates ₹413 crore BESS contract as contractor fails to meet obligations, achieve progress

Recent Comments

  1. AlvinNet on UP Teacher Who Asked Students To Slap Muslim Classmate
  2. AlvinNet on UP Teacher Who Asked Students To Slap Muslim Classmate
  3. Jamesslits on UP Teacher Who Asked Students To Slap Muslim Classmate
  4. MichaelClear on UP Teacher Who Asked Students To Slap Muslim Classmate
  5. Jamesslits on UP Teacher Who Asked Students To Slap Muslim Classmate
  • ​Too good to last: On November’s industrial data, the Indian economy
    ​Too good to last: On November’s industrial data, the Indian economy Business
  • Supreme Court Rejects Plea Seeking To Repeal Laws On Solitary Confinement In Jails
    Supreme Court Rejects Plea Seeking To Repeal Laws On Solitary Confinement In Jails Nation
  • Key Issues In US Presidential Elections
    Key Issues In US Presidential Elections World
  • Stock markets trade higher in early trade tracking rally in Asian peers
    Stock markets trade higher in early trade tracking rally in Asian peers Business
  • South Africa vs India Live Score Ball by Ball, T20 World Cup 2024 Live Cricket Score Of Today's Match on NDTV Sports
    South Africa vs India Live Score Ball by Ball, T20 World Cup 2024 Live Cricket Score Of Today's Match on NDTV Sports Sports
  • Access Denied
    Access Denied Nation
  • “Bachon Ki Tarah Mara”: Shoaib Akhtar’s Blunt Take On Pakistan’s World Cup Defeat Against India
    “Bachon Ki Tarah Mara”: Shoaib Akhtar’s Blunt Take On Pakistan’s World Cup Defeat Against India Sports
  • Hardik Pandya Brutally Reminds Mumbai Indians Stars About ‘Game Awareness’ After Delhi Capitals Defeat
    Hardik Pandya Brutally Reminds Mumbai Indians Stars About ‘Game Awareness’ After Delhi Capitals Defeat Sports

Editor-in-Chief:
Mohammad Ariff,
MSW, MAJMC, BSW, DTL, CTS, CNM, CCR, CAL, RSL, ASOC.
editor@artifex.news

Associate Editors:
1. Zenellis R. Tuba,
zenelis@artifex.news
2. Haris Daniyel
daniyel@artifex.news

Photograher:
Rohan Das
rohan@artifex.news

Artifex.News offers Online Paid Internships to college students from India and Abroad. Interns will get a PRESS CARD and other online offers.
Send your CV (Subjectline: Paid Internship) to internship@artifex.news

Links:
Associate Journalism
About Us
Privacy Policy

News Links:
Breaking News
World
Nation
Sports
Business
Entertainment
Lifestyle

Registered Office:
72/A, Elliot Road, Kolkata - 700016
Tel: 033-22277777, 033-22172217
Email: office@artifex.news

Editorial Office / News Desk:
No. 13, Mezzanine Floor, Esplanade Metro Rail Station,
12 J. L. Nehru Road, Kolkata - 700069.
(Entry from Gate No. 5)
Tel: 033-46011099, 033-46046046
Email: editor@artifex.news

Copyright © 2023 Artifex.News Newsportal designed by Artifex Infotech.