Levy of additional surcharge leviable under Section 42(4) of the ...

Supreme Court Rules Captive Consumers Exempt from Additional Surcharge u/s 42(4) of Electricity Act 2003.

December 21, 2021

Case Laws     Indian Laws     SC

Levy of additional surcharge leviable under Section 42(4) of the Electricity Act, 2003 - it is required to be noted that the consumers defined under Section 2(15) and the captive consumers are different and distinct and they form a separate class by themselves. So far as captive consumers are concerned, they incur a huge expenditure/invest a huge amount for the purpose of construction, maintenance or operation of a captive generating plant and dedicated transmission lines. - it is to be held that such captive consumers/captive users, who form a separate class other than the consumers defined under Section 2(15) of the Act, 2003, shall not be subjected to and/or liable to pay additional surcharge leviable under Section 42(4) of the Act, 2003. - SC

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