State of Tamilnadu- Act
Tamil Nadu Tax on Consumption or Sale of Electricity Rules, 2003
TAMILNADU
India
India
Tamil Nadu Tax on Consumption or Sale of Electricity Rules, 2003
Rule TAMIL-NADU-TAX-ON-CONSUMPTION-OR-SALE-OF-ELECTRICITY-RULES-2003 of 2003
- Published on 13 June 2003
- Commenced on 13 June 2003
- [This is the version of this document from 13 June 2003.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title.
- These rules may be called the Tamil Nadu Tax on Consumption or Sale of Electricity Rules, 2003.2. Definitions.
- In these rules, unless the context otherwise requires:3. Collection charge.
- The collection charge for the purpose of sub-section (2) of section 3 of the Act shall be half percent of the tax collected by the person referred to in the said section 3.4. Manner of calculating the electricity tax.
5. Registration.
| Major Head | : 0043 - Taxes and Duties on Electricity. |
| Minor Head | : 101 - Taxes on Consumption and Sale ofElectricity: |
| Sub Head | : AC Receipts under the Tamil Nadu Tax onConsumption or Sale of Electricity Act, 2003 |
| Detailed Head | : 04 Registration Fees (DPC 043 00 101 AC 0407) |
| Major Head | : 0043 Taxes and Duties on Electricity |
| Minor Head | : 101 Taxes on Consumption and Sale ofElectricity |
| Sub Head | : AC Receipts under the Tamil Nadu Tax onConsumption or Sale of Electricity Act, 2003 |
| Detailed Head | : 02 Captive generating plants and non-licenseesfor consumption of Electricity (DPC 0043 00 101 AC 0203) into aGovernment Treasury. |
6. Manner of payment of electricity tax to government for sale of Electricity by licensees.
| Major Head | : 0043 Taxes and Duties on Electricity |
| Minor Head | : 101 Taxes on Consumption and Sale ofElectricity |
| Sub Head | : AC Receipts under the Tamil Nadu Tax onConsumption or Sale of Electricity Act, 2003 |
| Detailed Head | : 01 Sale of Electricity (DPC 0043 00 101 AC0101) |
| Detailed Head | : 02 Captive generating plants and non-licenseesfor consumption of Electricity (DPC 0043 00 101 AC 0203) |
7. Rate of interest.
- The rate of interest payable under clause (a) of section 7 of the Act is twelve percent per annum for each calendar month of delay. The licensee shall credit such interest into the Government Treasury under the Head of Account: -| Major Head | : 0043 Taxes and Duties on Electricity |
| Minor Head | : 101 Taxes on Consumption and Sale ofElectricity |
| Sub Head | : AC Receipts under the Tamil Nadu Tax onConsumption or Sale of Electricity Act, 2003 |
| Detailed Head | : 03 Interest on belated payments. (DPC 0043 00101 AC 0305) |
8. Time and manner of reimbursement of electricity tax for sale of electricity to consumer by licensee.
9. Reading of the meters for monthly billing.
10. Installation of meters to measure the quantity of electricity For own consumption or sale of surplus electricity to others.
11. Provisions of separate meters.
- Where there is a combined installation, where part of a supply of electricity is taxable and part is exempt, the consumer shall install and maintain separate, suitable and correct meters or sub-meters to register the quantities of the two kinds of consumption separately.12. Procedure for refund.
13.
The rate of simple interest payable under section 11 of the Act is four percent per annum for each calendar month of delay in making refund to a licensee.14. Keeping books of accounts etc.
15. Submission of returns.
16. Procedure for assessment of tax under section 9.
17. Appeal and procedure for disposal of appeal.
18. Power of entry of inspecting officer.
- An inspecting Officer may enter any premises where electricity is, or believed to be, generated for own consumption, or sale of surplus electricity to others, for the purpose of:19. Inspection of books of account and checking of returns.
- An Inspecting Officer may, at any time during the working hours of the office of the licensee or non licensee, as the case may be require him to produce for inspection at the registered or other office such books and records in his possession or control as may be deemed necessary by the Inspecting Officer for ascertaining or verifying the amount of tax payable under the Act.20. Application of rules in the case of generation of electricity by Any captive generating plant or any non-licensee.
21. Application of the rules in the case of supply of surplus energy by captive generating plants.
- The provisions of rules 2 to 18 shall apply mutatis mutandis in respect of sale of surplus energy by captive generating plants.AppendixForm A-l[See rule 5(1)]Application For Registration by a Person Intending To Generate or Intending To Continue of Electricity For His Own Use and, or Who Applies The Same To Other Persons.1. Name and address of the applicant
2. Location where the set is used or intended to be used
3. Registration Number with its date, if any under this rule
4. Details of the generating plant
5. Date of purchase/ procurement Purpose for which the set is used or intended to be used
6. Whether the set is used at one fixed place or intended to be shifted from place to place
7. Date of commencement of generation
8. Average daily consumption (i.e. number of units of energy consumed)
9. Remarks
(applicant may include here any additional information)Place:Signature / Designation the applicant on behalf ofDate:Form A-2[See rule 5(1)]Certificate of Registration of Captive Generating Plant| Registered No..................... | Date...................... |
| S.No. | Manufacturer's name | Manufacturer's SI.No. | Kilowatt of Kilovolt Ampere rating | Voltage | Direct Current or Alternating Current | Date of purchase or procurement | Date of Endorsement of Registration | Initial of Registering Authority |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) |
1. Payment of tax due shall be made regularly.
2. Register in Form B-2 shall be maintained properly.
3. Monthly return in Form C-2 shall be submitted regularly. If there is no consumption in any month, a nil return shall be submitted.
4. Intimation in writing shall be sent to the issuing authority at least 7 days prior to the date of commencement of generation.
5. Metering arrangements shall be made in conformity with the provisions of rules 10 and 11 of the Tamil Nadu Tax on Consumption or Sale of Electricity Rules, 2003.
6. If any material information furnished in connection with the registration is found
Form A-3[See rule 5(1)]| Registration Certificate | Date of issue_____________ |
| No. Name___________________________ | |
| Location of installation of the captivegenerating plants_____________ |
| S.No. | Manufacturer's name | Manufacture's SI.No. | Kilowatt of Kilovolt Ampere rating | Voltage | Direct Current or Alternating | Current Date of purchase or procurement | Remarks |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) |
| Name of consumer: | Purpose for which energy is consumed |
| Address: | |
| Service Connection No. : | Tariff: |
| Month | Gross charge for energy supplied as per item 1(c)of Form C-1 | Net charge for energy supplied as per item 1 (e)of Form C-1 | Balance Tax | Demand of Tax | Total tax to be paid | Collection | Remarks with date of disconnection fornon-payment |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) |
| January | |||||||
| February | |||||||
| March | |||||||
| April | |||||||
| May | |||||||
| June | |||||||
| July | |||||||
| August | |||||||
| September | |||||||
| October | |||||||
| November | |||||||
| December |
| Date of which meter was read | Meter reading | Number of units of electricity generated | Number of units of electricity consumed month bymonth | Amount of tax payable | Details of payable |
| (1) | (2) | (3) | (4) | (5) | (6) |
| Date of which meter was read | Meter reading | Number of units of electricity generated | Number of units of surplus electricity sold monthby month | Amount of tax payable | Details of payable |
| (1) | (2) | (3) | (4) | (5) | (6) |
1. (a) Aggregate energy charge for supply of electricity
Note 1: Energy charge does not include2. Net charge for electricity exempted
3. Balance charge for energy supplied on which tax is payable (Column 1(e) - Column 2 Total)
4. Amount of tax payable for supply of electricity on the balance charge in item 3.
5. Less:
**(a) Amount of tax not recovered (namely, transfers to disconnected ledgers)**(b) Refunds or adjustments allowed as per statement attached.6. Total net amount of tax payable for supply of electricity during the month [Column 4 - Column S Total] Plus:
7. Recoveries on account of previous **months, (namely, recoveries from consumers disconnected)
8. Total amount of tax payable in the month [Column 6+Column 7]
9. Amount shown under item 8 is paid by challan(s) under ...............dated of...........(bank).
| Dated: | Signature |
| Office seal. |
| 1. | Total Number of units of electricity consumed. | |
| 2. | Amount of tax payable | |
| 3. | Less: | |
| Refunds or adjustments allowed as per statement attached | ||
| 4. | Total tax payable for consumption of electricity for the month(Column 2 - Column 3) | |
| 5. | Plus: | |
| Arrears on account of previous month | ||
| 6. | Total amount of tax payable for the month (Column 4 + Column5) | |
| 7. | Amount shown under item (6) is paid by challan(s) under .......... dated ...............of ............. (Bank) |
| Dated: | Signature |
| seal: |
| 1. | (a) Aggregate energy charge for sale ofelectricity. | |
| (b) Aggregate other charges if any made by thecaptive generating plant for the sale of electricity. | ||
| (c) Gross charge for energy supplied, (a + b) | ||
| (d) Rebate allowed if any, for the supply ofelectricity. | ||
| (e) Net charge for energy supplied (c - d) | ||
| 2. | Net charge for energy exempted under proviso toclause (b) of sub-section (1) of section 3 | |
| 3. | Balance charge for sale of electricity on whichtax is payable. (Column 1(e) - Column 2) | |
| 4. | Amount of tax payable for sale of electricity onthe balance charge in item No.3 | |
| 5. | LESS: | |
| (a) Refunds or adjustments allowed (as perstatement attached) | ||
| (b) Any other amount allowed under Act andRules. | ||
| Total (a + b) | ||
| 6. | Total net amount of tax payable for sale ofelectricity during the month (Column 4 - Column 5 Total) | |
| 7. | PLUS: | |
| Recoveries on account of previous months. | ||
| 8. | Total amount of tax payable in the month (Column6 + Column 7) | |
| 9. | Amount shown under item 8 is paid by challan(s) under ................ dated .................. of ............. (Bank) |
| Dated: | Signature |
| Office seal: |
| Name and address of the consumer | Net charge concerned | Amount of tax | Amount that has become irrecoverable | Period for which tax is payable | Reference to Ledger account No. | Remarks (Action taken if any/by the licensee forrecovery) |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| Name and address of the person to whom surpluselectricity is supplied | No. of units of electricity supplied | Net charge | Amount of tax payable | Amount that has become irrecoverable under 4 | Period for which tax is payable | Reference to Ledger Account No. | Remarks (Action taken if any, by the licensee forrecovery) |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
| Dated: | Director |
| Office seal: |
| Dated: | Director |
| Address:Seal: |