SEIL Energy India Limited Vs Principal Commissioner of Central Tax (Andhra Pradesh High Court)
Andhra Pradesh HC directs to claim of refund of ITC for supply of electricity directly to Bangladesh Power Development Board
Andhra Pradesh High Court held that supply of electricity by petitioner to Power Trading Corporation of India is not export supply of goods and hence refund is not admissible. However, directed to claim refund of ITC relating to supply of electricity directly to Bangladesh Power Development Board.
Facts- The petitioner herein is involved in the generation and supply of electricity, to its purchasers. The petitioner owns and operates thermal power plants in the State of Andhra Pradesh.
The petitioner, in the course of its business, had been supplying electricity to M/s. Bangladesh Power Development Board. The said supply of electricity is done by the petitioner, directly to the Bangladesh Board, by way, of an agreement. Apart from this, the petitioner had supplied electricity to M/s. Power Trading Corporation India Limited, which supplied this electricity to the Bangladesh Board.
In this case, PTC had entered into an agreement with the Bangladesh Board for supply of electricity, on 09.10.2018. PTC had also entered into an agreement with M/s Meenakshi Energy Limited, to supply the said power to PTC which would supply the power to the Bangladesh Board. The terms of the agreement between the Bangladesh Board and PTC specifically records that the power, that would be supplied by PTC, would be sourced from M/s Meenakshi Energy Limited.
