APTEL favors Tata Power in MERC tariff dispute over tax costs
APTEL rules against MERC in Tata Power's tariff appeal, directing the regulator to reconsider disallowed property and income tax costs for FY 2007-08 to FY 2013-14. The case is remanded to MERC, with a potential claim value of approx. ₹268 crore pending final order.

*this image is generated using AI for illustrative purposes only.
The Appellate Tribunal for Electricity (APTEL) has ruled in favor of tata power in a long-standing regulatory dispute with the Maharashtra Electricity Regulatory Commission (MERC), overturning key disallowances related to tax expenses. The judgment, delivered on August 1, 2026, addresses the company’s appeal against MERC’s Multi-Year Tariff (MYT) Order dated August 8, 2016, which had excluded significant property and income tax costs from the company’s allowable operating expenditures.
This development is material for investors as it concerns a claim valued at approximately ₹268 crore, although the final financial impact remains contingent on subsequent regulatory actions. By validating these costs as legitimate operational expenses, the tribunal’s decision strengthens the company’s position in recovering historical costs that were previously barred from tariff calculations, potentially improving long-term revenue realization from its Maharashtra operations.
Tribunal Ruling and Remand Directions
APTEL held that MERC had erred in classifying property tax as an uncontrollable operating and maintenance (O&M) expense and in disallowing income tax for the period spanning FY 2007-08 to FY 2013-14. The tribunal determined that these exclusions were incorrect under the prevailing regulatory framework.
Consequently, APTEL has remanded the specific issues back to MERC. The regulator has been directed to pass an order on these matters expeditiously. The final quantum of the claim will crystallize only upon the completion of these remand proceedings and the issuance of MERC’s subsequent order.
| Litigation Detail | Information |
|---|---|
| Opposing Party | Maharashtra Electricity Regulatory Commission (MERC) |
| Forum | Appellate Tribunal for Electricity (APTEL) |
| Subject Matter | Challenge to MERC MYT Order dated August 8, 2016 |
| Key Dispute | Disallowance of Property Tax and Income Tax (FY 2007-08 to FY 2013-14) |
| Claim Value | Approx. ₹268 crore |
| Current Status | Remanded to MERC for expeditious order |
Regulatory Disclosure and Compliance
The company made this disclosure under Regulation 30 of the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015, read with SEBI Master Circular HO/49/14/14(7)2025-CFD-POD2/I/3762/2026 dated January 30, 2026. The filing was signed by Vispi S. Patel, Company Secretary, on August 1, 2026.
While the immediate financial implication is listed as nil due to the pending remand process, the resolution of this dispute removes a significant regulatory uncertainty surrounding the company’s historical cost recovery mechanisms in Maharashtra.
Historical Stock Returns for Tata Power
| 1 Day | 5 Days | 1 Month | 6 Months | 1 Year | 5 Years |
|---|---|---|---|---|---|
| +1.26% | +1.21% | -1.25% | +3.93% | -5.15% | +204.56% |
How might MERC's expedited order on the remanded tax issues impact Tata Power's near-term cash flow and tariff structures in Maharashtra?
Could this APTEL ruling set a legal precedent that encourages other power utilities to challenge similar tax disallowances by state regulatory commissions?
What is the estimated timeline for MERC to issue its final order, and how might delays affect investor sentiment regarding the ₹268 crore claim?


































