electricity generated by Captive Power Plant or a Group
Captive Plant which is consumed by captive user or captive users, when
all the terms ... this context, according to the Appellants,
when own consumption or self consumption or consumption by captive
user is spelled, it includes the circumstances where special
qualify as
captive consumers.
4.4. From 22.06.2016, M/s Prism commenced its captive consumption from
the Unit ... relied upon to contend that the Captive User is required to identify the
unit/units intended for captive consumption at the time of induction
consumption by non-
residential and commercial establishments for their own purposes. Such
consumption cannot be considered as consumption by the industrial unit.
The Appellant ... prejudice to the
contention that the entire consumption in the colony including the
residential consumption is not captive consumption and is liable to cross
subsidy
rate in respect of the electricity consumed under the captive
consumption.
It was submitted by the learned Authorized Representative that in the course
of assessment ... Chen.) and had held that the market value of the power captive consumption
should be computed considering the rate of power in the open market
case of the
department is that in the case of captive consumption of waste and scrap for the
manufacture of exempted reprocessed granules. The valuation ... said customer shall be the assessable value even in case of
captive consumption. In this regard he placed reliance on the various following
judgments.
Ispat
Dcit, New Delhi vs M/S Dharampal Satyapal Ltd.,, Delhi on 18 April, 2019
Dharampal
appellant has been held
as allowable on both the grounds (Re: Captive Consumption and Market
rate per unit). Your appellant therefore submits that directions ... assessee was utilizing
the power generated by it for its captive consumption with respect to its plants
located at Dahej and Vadodara. The assessee
held that "profit and gain" from captive consumption of
electricity supplied from generator set and which cannot be sold to
any third person ... further power is not
supplied to public but it is for captive consumption and therefore no
deduction under section 80 IA of income
that the assessee had generated electricity from its wind mills and
captive consumption of the said power was done. For the purpose of
quantification ... from other wind mill owners. It was
a submission that by captive consumption, the assessee had saved at the rate
of the purchase price
amenable to excise duty
Signature Not Verified
since it was for captive consumption and not to be removed for
Digitally signed by
CHARANJEET KAUR
Date ... provisional assessment order was made before clearance of
the yarn for captive consumption?
34. With reference to the first contention, the
argument of the appellant
