Supreme Court grants relief to Adani Power, sets aside customs duty on SEZ electricity
In a relief to Adani Power Limited, the Supreme Court on Monday (January 5, 2025) held that customs duty cannot be imposed on electricity supplied from a Special Economic Zone (SEZ) to the Domestic Tariff Area (DTA), setting aside a 2019 judgment of the Gujarat High Court and relieving the company of the levy on power generated at its Mundra plant.
A Bench comprising Justices Aravind Kumar and N.V. Anjaria ruled that the levy lacked statutory authority and that the State could not retain amounts collected under an invalid tax. Directing the jurisdictional Commissioner of Customs to verify the claim and issue refunds within eight weeks, the Court cautioned the authorities against raising “hyper-technical objections” that could frustrate the relief granted.
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