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TMI Blog2019 (3) TMI 186X X X X Extracts X X X X X X X X Extracts X X X X ..... e case of State of A.P. vs. National Thermal Power Corpn. Ltd. [2002 (4) TMI 694 - SUPREME COURT OF INDIA]. The Hon ble Supreme Court has held that electricity is goods and, therefore, the transaction between the appellant and the companies with whom the appellant is having power purchase agreement is sale and purchase of goods - thus, there is no service involved in the transaction - appeal allow ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er into power purchase agreement with private companies who are capable of generating electricity for their captive use. The surplus power generated by captive power generating plants were purchased by the appellant. As per governing Regulations 25% of the total electricity generated by captive power plants can be sold by them to the appellant and that 75% of such electricity can be taken back by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roviding service for the period from 2009-10 to 2013-14 and raised a demand of Service Tax ₹ 2,01,90,176/- on the appellant. On contest the matter was adjudicated through impugned Order-in-Original wherein the learned Commissioner has confirmed the demand and imposed equal penalty. Aggrieved by the said order appellant is before this Tribunal. 3. Heard the learned counsel Shri Rahul Agarw ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... charges are being retained by the appellant, the appellant is providing service to the companies having captive power generation plants. 5. Having considered the submissions from both the sides and on perusal of record we note that issue is no more res-integra in view of the ruling by Hon ble Supreme Court in the case of State of A.P. vs. National Thermal Power Corpn. Ltd. (supra). The Hon ble ..... X X X X Extracts X X X X X X X X Extracts X X X X
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