Cyril Amarchand Mangaldas (“CAM”) successfully advised and represented JSW Steel Limited (“JSW Steel”) in two writ petitions before the Bombay High Court, challenging the levy of electricity duty by the State of Maharashtra and Maharashtra State Electricity Distribution Company Limited (“MSEDCL”) on its Mega Project at Dolvi, Maharashtra.
JSW Steel had been granted an Eligibility Certificate dated 3 August 1998 (valid from 6 August 1998 to 5 August 2012) under the Package Scheme of Incentives, 1993 (“Scheme”), which was subsequently extended by way of an addenda dated 6 October 2012 till 5 August 2019 (“Eligibility Period”). Pursuant to notifications dated 29 December 1999 and 15 October 2001 (“Exemption Notifications”) issued under Section 5A of the Bombay Electricity Duty Act, 1958 (“BEDA, 1958”), JSW Steel was entitled to exemption from payment of electricity duty for the Eligibility Period.
Despite this, the State and MSEDCL raised electricity duty demands for the period from 6 August 2012 to 5 August 2019 (“Relevant Period”), contending that the exemption had ceased, including upon enactment of the Maharashtra Electricity Duty Act, 2016 (“2016 Act”). JSW Steel, under protest, paid ₹47,47,61,492 towards such demands.
CAM acted for JSW Steel in Writ Petition Nos. 12477 of 2015 and 13941 of 2016 (“Writ Petitions”), challenging the levy. By judgment dated 2 April 2026 (“Judgment”), the Court upheld JSW Steel’s case and held that the Exemption Notifications were intrinsically linked to the Eligibility Certificate and continued for the entire Eligibility Period. The Court further held that the 2016 Act did not extinguish the exemption, as prior notifications were expressly saved, and no fresh notification was required.
Accordingly, the Court declared the levy illegal, restrained coercive action including disconnection of electricity supply, and directed refund of ₹47,47,61,492 within 12 weeks.
The CAM team was led by Vineet Unnikrishnan, Partner ; with support from Veena Hari, and Karthika Sanjay, Associates. Vikash Jha, Partner ; was also involved in the initial stages of the matter.
The CAM team briefed Mr. Janak Dwarkadas, Senior Counsel and Mr. Chirag Kamdar, Counsel.