Ms Chirchind Hydro Power Ltd. v. State of Hp
Case brief
What is this about?
Labour cess; Building and Other Construction Workers Welfare Cess Act, 1996; BOCW Act; Factories Act 1948 exemption rejected for generating companies; cess leviable from commencement of Cess Act despite later/retrospective constitution of Welfare Board; total project cost vs construction component; reassessment directed per UPPTCL v. CG Power (2021)6 SCC 15; Rule 14(b) Cess Rules pre-deposit claim not pressed with liberty; Himachal Pradesh High Court, Shimla; single judge (Satyen Vaidya J.); writ petitions disposed of; assessment orders set aside; three-month timeline for reassessment.
What did the court decide?
All petitions disposed of: orders of the Assessing Officer(s)/Appellate Authority(ies) under the Cess Act set aside; Assessing Officer(s) to reassess cess strictly in light of Uttar Pradesh Power Transmission Corporation v. CG Power, (2021)6 SCC 15, within three months, petitioners to effectively associate with the assessment process; liberty reserved to petitioners to withdraw claim No.4 (Rule 14(b) pre-deposit) for the time being and seek appropriate legal remedy, if so advised.