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Supreme Court of India 2016-01-29 dismissed

Kothari Industrial Corporation Ltd vs Tamil Nadu Electricity Board & Anr

Bench: 3 — Ranjan Gogoi

In Brief

Kothari Industrial Corporation sought to enforce a concessional electricity tariff promised by the Tamil Nadu government for its caustic soda manufacturing unit. The government later withdrew the benefit when the unit became profitable, citing amended regulations. The Supreme Court held that statutory concessions are defeasible privileges that the State may withdraw at any time. No doctrine of promissory estoppel can prevent withdrawal of benefits granted under statute. The Court found the State's assessment of profitability and its policy decisions regarding tariff rates entirely within the State's discretion. All appeals were dismissed.

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Electricity Law Administrative Law Estoppel Statutory Interpretation Tariff Regulation Government Policy

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