Supreme Court of India

Delhi International Airport Ltd. v. Airport Economic Regulatory Authority of India & Ors.

Neutral citation
Bench Sanjay Kishan Kaul and M. M. Sundresh JJ.
Decided 11 July 2022

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

What the Court ordered

In view of the aforesaid, all appeals are dismissed, except on the issue relating to corporate tax pertaining to aeronautical services, where for the reasons recorded aforesaid we have accepted the contention on behalf of the Airport Operators that the Annual Fee paid by them should not be deducted from expenses pertaining to aeronautical services before calculating the ‘T’ element in the formula.

Judgment, page 54

From the headnote

Airports Economic Regulatory Authority of India Act, 2008 – ss.2(a) and 13(1)(a) – Privatisation of airports – Contractual and Regulatory Framework – Tariff and other charges for aeronautical services rendered at airports – Determination of – Revenue sharing formula – Judicial Review qua decision of a regulatory body – Scope – Joint Venture agreement between GMR Consortium and Airports Authority of India (AAI) for Delhi International Airport Limited (DIAL), and on similar pattern between GVK Consortium and AAI for Mumbai International Airport Limited (MIAL) – AAI holding 26 per cent…

Where later benches applied it

Of those, 1 mentioned

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