PSPCL moves High Court against Punjab

Tribune News Service
Chandigarh, November 16

In a state-versus-state case, the Punjab State Power Corporation Limited (PSPCL) today moved the Punjab and Haryana High Court against Punjab for quashing an order taxing meter rent and service line rentals received by it.

Taking up the matter, the Bench of Justice Rajan Gupta and Justice Karamjit Singh issued notice of motion to the state and other respondents, while fixing the case for further hearing on December 15.

As the case came up for hearing through videoconferencing, the petitioner sought the quashing of the order dated October 10, 2019, passed by the Excise and Taxation Officer, taxing meter rent and service line rentals by treating the same to be transfer of right to use the goods.

The petitioner claimed it was contrary to the provisions of the Indian Electricity Act and also to the law laid down by various high courts. It was required to be quashed also for the reason that exorbitant demand has been raised, which was palpably illegal and without jurisdiction.

Directions were also sought for quashing notices issued by the Deputy Excise and Taxation Commissioner’s appeals directing the petitioner to produce the proof of payment of pre-deposit by November 11, failing which the case would be decided without any reference to the petitioner. The counsel claimed it was arbitrary and contrary to the provisions of the Electricity Act. Besides, the petitioner was suffering financial crunch.

The counsel added the petitioner was a Government of Punjab undertaking and a state-owned statutory body formed under a special enactment, promulgated by the state under the provisions of the Electricity Supply Act, 1948, to arrange for the supply of electrical energy that may be required within the state.