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1 - 10 of 16 (0.28 seconds)The Electricity Act, 2003
Section 63 in The Electricity Act, 2003 [Entire Act]
Section 66 in The Electricity Act, 2003 [Entire Act]
Section 17 in The Electricity Act, 2003 [Entire Act]
Section 12 in The Electricity Act, 2003 [Entire Act]
Section 61 in The Electricity Act, 2003 [Entire Act]
Section 181 in The Electricity Act, 2003 [Entire Act]
State Of Rajasthan & Anr vs J.K. Udaipur Udyog Ltd. & Anr on 28 September, 2004
In State
of Rajasthan v. J.K. Udaipur Udyog Ltd. (2004) 7 SCC 673, the Apex Court
observed that exemptions and concessions granted by the Government are
privileges and they do not confer upon the beneficiary any legally enforceable
right against the Government for grant of a concession, except to enjoy the
benefits of the concession during the period of its grant. The relevant
observations of the Supreme Court are reproduced below:
Bakul Oil Industries & Anr vs State Of Gujarat & Anr on 11 November, 1986
"25. An exemption is by definition a freedom from an obligation which the exemptee
is otherwise liable to discharge. It is a privilege granting an advantage not available
to others. An exemption granted under a statutory provision in a fiscal statute has
been held to be a concession granted by the State Government so that the beneficiaries
of such concession are not required to pay the tax or duty they are otherwise liable to
pay under such statute. The recipient of a concession has no legally enforceable right
Signature Not Verified
Digitally Signed W.P.(C) 14343/2021 Page 8 of 10
By:SAPNA SETHI
Signing Date:03.11.2023
14:59:54
against the Government to grant of a concession except to enjoy the benefits of the
concession during the period of its grant. This right to enjoy is a defeasible one in the
sense that it may be taken away in exercise of the very power under which the
exemption was granted. (See Shri Bakul Oil Industries v. State of Gujarat (1987) 1
SCC 31, Kasinka Trading v. Union of India (1995) 1 SCC 274 and Shrijee Sales
Corporation v. Union of India (1997) 3 SCC 398)."