The surcharge of 0.03 paise per unit was abolished.
Thereafter, electricity charges were revised from time to time.
In the Schedule to the tariff applicable to the respondent Company, numberseparate charge was shown on account of duty of Central Excise.
The revised tariff was to companye into effect from 1st October, 1981.
The energy charges for HTS II i.e. High Tension Service companysumers ranged between 22 paise to 26 paise per unit.
By Clause 16.4 of the said Tariff Notification, it was provided that duty that had already been levied by the Government of India on generation of power stood merged in the rate of tariff provided in the Schedule to the said tariff.
The Tariff Notification dated 18th September, 1981 starts with the recital that the State Government hereby frames revised tariff for all categories of companysumers served or to be served by the Board and lays down the terms and companydition for supply of electricity to its companysumers.
Clause 16.4 of the Notification provided 16.4.
For this purpose further Tariff Notification were issued in the year 1981 and again in the year 1983.
3409 3411 of 1997 Arising out of S.L.P. C Nos.
In the Tariff Schedule the rates payable by the companysumers were stated.
The impact of any subsequent increase numberification by the Government of India in the existing rate of Central Excise Duty will be companyputed and realised from the companysumers.
11094, 11098 11106 of 1995 .
SEN, J. This is an appeal from an order passed by the Patna High Court, Ranchi Bench, holding that the charge levied by Bihar State Electricity Board for supply of electricity to M s. Usha Martin Industries, the respondents herein, was excessive as the uniform tariff was number reduced even when Excise Duty on electricity was abolished.
Ranjit Kumar, Ms. Binu Tamta, Padam Khaitan, Suman Khaitan, P.N. Misra, and Pramod Swarup, Advs.
of India on electricity generation and by virtue of the power companyferred under Section 46 and 49 of the Electricity Supply Act, 1948 the Bihar State Electricity Board hereby levies a surcharge at the rate of three paise per unit on electricity companysumption by all categories of every ces except agricultural service with effect from 1.3.1978.
with him for the appearing parties J U D G M E N T The following Judgment of the Court was delivered With Civil Appeals Nos.
A tariff Schedule was annexed to the Notification.
Com IAR/1037/75/ 315 dated the 12th July, 1975, it is hereby numberified for general information that companysequent upon imposition of Central Excise Duty by the Govt.
3461, 3462, 3462A of 1992 and Civil Appeal Nos.
On April 6, 1979, the Board revised the electricity charges and framed a fresh uniform tariff by another Notification in exercise of the powers companyferred by Section 46 and 49 of the Electricity Supply Act.
