The India Cements Ltd., Chennai vs Dcit Corporate Circle 2(1), Chennai on 18 August
documents including Audit Report u/s.80IA (7) in
respect of Captive Power Plant 1 & 2, Rail System, Water Supply and
Treatment system along ... 80IA on account of income from Railway
Siding, Water project and captive power consumption and committed an
error in passing the Assessment Orders
Power plant and more than 51% consumption of electricity
generated by the Power Plant and hence the Power Plant is a
Captive Power Plant ... supply of power,
the seller companies have power purchase agreements with Jindal
Tractabel Power Company Limited, the predecessor of Jindal
Power Company, which
allowability of the power charges of ₹
35 lakhs paid to Keshav Power Limited, he held that the power plant could
not have been ... Keshav Power Ltd
are held to be unreasonable and excessive as no power could have been
generated out of the said captive power plant prior
from captive
source.
3) The above Regulations were also applicable to Captive Co-
generation plants using fuel other than renewable source for
power generation.
Page ... Appellant has placed on record the
current status of Captive Power Plants and Cogeneration Plant of the
Appellant, which is as under:
Page
relaxation in
the norms of captive consumers of at lest 51% for being qualified as captive
generating plant/captive power plant within the meaning ... captive users of the appellant, thereby resulting in the said captive users not
being able to fulfill the 51% minimum captive power criteria
amounting to Rs.41,22,107/- on the
Captive Power Generation Plant ("COGEN").
ii. The learned CIT(A) erred in fact ... profits of the captive power
plants including the profits recomputed by substituting the price of the
power consumed captively by other units of the company
that Jindal Power shall be allowed to draw power transmission lines from its existing power plant or from the proposed industrial power plant ... that Jindal Power has to secure license. Yet without securing the license Jindal Power commenced distribution of power. This attitude of Jindal Power has been
22nd September, 1998, awarded permission to it to set up a captive power generation plant of 6.4 mW. Pursuant to the permission granted ... Adjustment (FCA) Charges as applicable from time to time.
Consumers having captive power plant synchronized with the Board's system shall pay demand charges
details of generation, auxiliary
consumption and consumption by captive and non-captive users
from all Captive Power Plants (CPPs) as the same ... which is claiming
status of a captive user. The Appellant has 100% of the ownership
of the Captive Power Plant and there is no issue