APTEL favors Tata Power in MERC tax dispute, remands ₹268 crore claim
APTEL has favored Tata Power in a dispute with MERC, validating property and income tax costs as allowable expenses for FY 2007-08 to FY 2013-14. The matter is remanded to MERC for final order on the approx ₹268 crore claim.

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The Appellate Tribunal for Electricity (APTEL) has ruled in favor of tata power in a significant regulatory dispute with the Maharashtra Electricity Regulatory Commission (MERC), overturning disallowances related to property and income tax expenses. The judgment, delivered on August 1, 2026, validates these costs as legitimate operational expenditures, strengthening the company’s position to recover historical costs previously barred from tariff calculations. This development is material for investors as it concerns a claim valued at approximately ₹268 crore, 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, directing the regulator 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 |
|---|---|---|---|---|---|
| -0.25% | -2.22% | -2.60% | -0.98% | -4.16% | +196.59% |
How might MERC's upcoming order on the remanded issues influence Tata Power's near-term cash flow and tariff structures in Maharashtra?
Could this APTEL ruling set a precedent for other power generators facing similar regulatory disallowances of tax expenses in different states?
What is the expected timeline for MERC to issue its final order, and how does this delay impact the discounting of the ₹268 crore claim?


































