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2001 (7) TMI 1185 - SC - Companies LawWhether, there can be a valid levy under the provisions of the Water (Prevention and Control of Pollution) Cess Act, 1977 on the hydro power generating industry? Held that:- Appeal dismissed. It is not necessary for us to consider what is the effect of not moving the resolution within the time frame of 15 days as prescribed by sub-section (2) as the present case is not where there has been a delay in moving the resolution. There has been in fact a non-compliance with the said requirement. With resolution not having been moved at all, it cannot be held that there was a valid amendment of Schedule I. The High Court, in our opinion, was, therefore, right in coming to the conclusion that this levy and the purported realisation of the cess was not in accordance with law.
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