A.No. 304 of 2016, a.No. 171 of 2017, a.No. 139 of 2017, a.No. 140 of 2017, a.No. 96 of 2017, a.No. 159 of 2017 of NTPC Limited. v. Central Electricity Regulatory Commission. & Ors.
Case brief
What is this about?
NTPC Limited appealed against CERC orders disallowing additional capital expenditure claimed under Regulation 14(3), arguing it had opted for Special Allowance under Regulation 16. The Tribunal held that claiming Special Allowance does not preclude a separate claim for Additional Capitalization under Regulation 14(3) provided there is no claim for the same expenditure under both heads.
What did the court decide?
Orders of the CERC setting aside the disallowance of additional capitalization are set aside; matter remanded to CERC to examine claims afresh after determining useful life extension.