2187/2023

In the matter of Petition under Section 86 of the Electricity Act, 2003 and Article 9 of the PPA dated 30.01.2021 seeking declaration that imposition of Basic Custom Duty of 40% on solar PV modules effective from 01.04.2022 through the Finance Act 2022 and O.M. dated 09.03.2021 bearing O.M. No. 283/3/2018-GRID SOLAR issued by MNRE and change in rate of GST from 5% to 12% on various parts / equipment for solar plants w.e.f. 01.10.2021 on account of amendment to Notification No. 01/2017-Central Tax (Rate) and Notification No. 01/2017-Integrated Tax (Rate) dated 28.06.2017 by way of Notification No. 6/2021-Central Tax (Rate) and Notification No. 8/2021- Central Tax (Rate) dated 30.09.2021 are ‘Change in Law’ events under Article 9 of the PPA and to further direct the Respondent to compensate the Petitioner towards additional amount incurred on account of such Change in Law event along with carrying cost towards additional amount incurred on account of increment in GST paid by the Petitioner pursuant to Notification dated 30.09.2021 and to restitute the Petitioner to the same financial position as it would have been before the Notification dated 30.09.2021.