Centre prohibits states from imposing taxes on electricity generation
POWER & RENEWABLE ENERGY

Centre prohibits states from imposing taxes on electricity generation

The central government has issued a circular, emphasising that states do not possess the authority to impose taxes or duties on electricity generated from any source, be it coal, hydro, wind, or solar. Such levies are deemed illegal and unconstitutional. The Union Ministry of Power clarified that certain state governments had imposed extra charges on electricity generation, disguising them as development fees or funds.

According to the ministry, the power to impose taxes or duties is explicitly outlined in the VII Schedule. Entries 45 to 63 of List-II in the VII Schedule delineate the states' authority to levy taxes or duties. Any taxes or duties not specified in this list cannot be imposed by state governments, as residual powers lie with the central government.

Entry 53 of List-II permits states to tax the consumption or sale of electricity within their jurisdiction. However, this does not extend to taxing the generation of electricity. Since electricity generated in one state might be consumed in another, no state has the jurisdiction to levy taxes or duties on residents of other states.

Article 286 of the constitution prohibits states from imposing taxes or duties on the supply of goods, services, or both, if the supply occurs outside the state. Additionally, Articles 287 and 288 prevent the imposition of taxes on the consumption or sale of electricity used by the Central government or sold to the Central government for its consumption or that of its agencies.

Considering these constitutional provisions, no state can levy taxes or duties on the generation or interstate supply of electricity under the guise of additional charges or fees, regardless of the source?whether thermal, hydro, or renewables.

The central government has instructed states to promptly eliminate any form of tax, duty, or cess imposed under the pretence of development fees or funds on electricity generation from any source. This directive follows a prior communication from the Ministry in April, urging states not to impose taxes or duties on electricity generation, especially from hydro projects.

The central government has issued a circular, emphasising that states do not possess the authority to impose taxes or duties on electricity generated from any source, be it coal, hydro, wind, or solar. Such levies are deemed illegal and unconstitutional. The Union Ministry of Power clarified that certain state governments had imposed extra charges on electricity generation, disguising them as development fees or funds. According to the ministry, the power to impose taxes or duties is explicitly outlined in the VII Schedule. Entries 45 to 63 of List-II in the VII Schedule delineate the states' authority to levy taxes or duties. Any taxes or duties not specified in this list cannot be imposed by state governments, as residual powers lie with the central government. Entry 53 of List-II permits states to tax the consumption or sale of electricity within their jurisdiction. However, this does not extend to taxing the generation of electricity. Since electricity generated in one state might be consumed in another, no state has the jurisdiction to levy taxes or duties on residents of other states. Article 286 of the constitution prohibits states from imposing taxes or duties on the supply of goods, services, or both, if the supply occurs outside the state. Additionally, Articles 287 and 288 prevent the imposition of taxes on the consumption or sale of electricity used by the Central government or sold to the Central government for its consumption or that of its agencies. Considering these constitutional provisions, no state can levy taxes or duties on the generation or interstate supply of electricity under the guise of additional charges or fees, regardless of the source?whether thermal, hydro, or renewables. The central government has instructed states to promptly eliminate any form of tax, duty, or cess imposed under the pretence of development fees or funds on electricity generation from any source. This directive follows a prior communication from the Ministry in April, urging states not to impose taxes or duties on electricity generation, especially from hydro projects.

Next Story
Resources

Skyview by Empyrean is Making Benchmarks in the Indian Ropeway Industry

FIL Industries Private Limited, the parent company of Empyrean Skyview Projects that pioneered ropeway mobility solutions in India with Jammu’s Skyview Gondola, is currently developing the Dehradun-Mussoorie ropeway and is on track to complete Phase I by September 2026. The ropeway is set to be India’s longest passenger aerial monocable covering 5.8 km between the foothills of Dehradun in Purkulgam and MDDA taxi stand in the hills of Mussoorie in just under 20 minutes. The firm pioneered green mobility solutions in India with the development of the flagship Skyview Gondola in Jam..

Next Story
Technology

Creativity is for Humans, Productivity is for Robots!

On most construction sites, the rhythm of progress is measured by the clang of steel, the hum of machinery and the sweat of thousands. But increasingly, new sounds are entering the mix: the quiet efficiency of algorithms, the hum of drones overhead, and the precision of robotic arms at work. Behind the concrete and cables, an invisible force is taking hold: data. It is turning blueprints into living simulations, managing fleets of machines, and helping engineers make decisions before a single brick is laid. This is not the construction of tomorrow; it is the architecture of today – built on ..

Next Story
Infrastructure Urban

Bhartiya Urban Unveils ‘Bhartiya Converge’ GCC Enablement Platform

Bhartiya Urban has launched Bhartiya Converge, its latest business venture designed to become India’s premier platform for enabling Global Capability Centres (GCCs). The initiative offers an integrated ecosystem aimed at helping global clients gain a competitive edge in today’s rapidly evolving business environment. Focused on enhancing turnaround time and operational efficiencies, the company seeks to deliver better business outcomes powered by top-tier talent. Bhartiya Converge presents a customised and integrated suite of microservices that addresses the nuanced and evolving operational..

Advertisement

Advertisement

Subscribe to Our Newsletter

Get daily newsletters around different themes from Construction world.

STAY CONNECTED

Advertisement

Advertisement

Advertisement

Advertisement

Talk to us?