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april 2002

Supreme Court of India · 2002-04-22

State Of A.P vs National Thermal Power Corpn. Ltd. & Ors

Citation / case number
AIR 2002 SUPREME COURT 1895
Court
Supreme Court of India
Petitioner
State Of A.P
Respondent
National Thermal Power Corpn. Ltd. & Ors
Author
R.C. Lahoti
Bench
Chief Justice, R.C.Lahoti, N. Santosh Hegde, Ruma Pal, Arijit Pasayat

Judgment text excerpt

The Supreme Court held that the levy of duty on sales of electrical energy by the National Thermal Power Corporation Ltd. (NTPCL) under the Andhra Pradesh Electricity Duty Act, 1939 is unconstitutional as it pertains to inter-State sales, thus outside the legislative competence of the State Legislature. The Court affirmed the High Court's decision that the tax levied was without authority of law and ordered a refund of the collected amounts. The judgment clarified the interpretation of Article 132 concerning substantial questions of law arising from the case.

State Of A.P vs National Thermal Power Corpn. Ltd. & Ors · Niyam