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2019 (5) TMI 707 - SC - Indian LawsCapitalization of Foreign Exchange Rate Variation (FERV) - apportionment of FERV into debt and equity after FERV has been calculated and added to capital cost - HELD THAT:- Noting the premise on which the Act was enacted and the fact that the Tariff Regulations, 2001 prescribed under the aegis of this Act do not provide for apportionment of FERV in a particular debtequity ratio, this Court is not inclined to interfere in the matter. The present dispute arises with respect to tariff charged between 01.04.2001 and 31.03.2004 on account of FERV calculation and apportionment. Any variation in the apportionment of FERV now, for the abovementioned period, will consequently be passed on to the consumers. This will be unfair to the consumers who were not consumers for the abovementioned period but will eventually bear the brunt of transactions which took place 1518 years ago. This is another ground for noninterference in the present matter. Appeal dismissed.
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