Tata Power Renewable Energies Limited vs Joint Commissioner & Ors on 29 April, 2026

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    Andhra Pradesh High Court – Amravati

    Tata Power Renewable Energies Limited vs Joint Commissioner & Ors on 29 April, 2026

    Author: R Raghunandan Rao

    Bench: R Raghunandan Rao

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                                                                   RRR,J& TCDS,J
                                                            W.P.No.10314 of 2025
    
    
    APHC010201652025
                       IN THE HIGH COURT OF ANDHRA PRADESH
                                     AT AMARAVATI                      [3529]
                              (Special Original Jurisdiction)
    
                WEDNESDAY,THE TWENTY NINETH DAY OF APRIL
                     TWO THOUSAND AND TWENTY SIX
    
                                  PRESENT
    
            THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO
    
                  THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR
    
                         WRIT PETITION NO: 10314/2025
    
    Between:
    
      1. TATA POWER RENEWABLE ENERGIES LIMITED,, (FORMERLY,
         TATA POWER SOLAR SYSTEMS LIMITED)            A COMPANY
         INCORPORATED UNDER THE COMPANIES ACT, 1956. HAVING
         ADDRESS AT D. NO. 12/4593 KOTA STREET, PRODDATUR, YSR
         DISTRICT, ANDHRA PRADESH - 516360. REP BY ITS AUTHORIZED
         SIGNATORY MR. SURESH GOENKA
    
                                                            ...PETITIONER
    
                                     AND
    
      1. UNION OF INDIA, REP BY ITS REVENUE SECRETARY, MINISTRY
         OF FINANCE, NORTH BLOCK, NEW DELHI.
    
      2. STATE OF ANDHRA PRADESH, THROUGH ITS PRINCIPAL
         SECRETARY, REVENUE DEPARTMENT (COMMERCIAL TAX) A.P.
         SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT,  ANDHRA
         PRADESH.
    
      3. THE DEPUTY COMMISSIONER ST, SPECIAL CIRCLE KADAPA
         DIVISION, 1/499, OPP YSR GUEST HOUSE, SMITH ROAD, NEAR
         ZILLA PARISHAD, KADAPA 516 001, YSR DISTRICT, ANDHRA
         PRADESH.
    
                                                        ...RESPONDENT(S):
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                                                                           RRR,J& TCDS,J
                                                                    W.P.No.10314 of 2025
    
    
          Petition under Article 226 of the Constitution of India praying that in the
    circumstances stated in the affidavit filed therewith, the High Court may be
    pleased to to issue a writ, order or direction in the nature of Writ of
    Mandamus or any other Writ, declaring the actions of the Respondent No.3 in
    passing the Impugned Assessment Order in Form DRC-07 bearing
    DIN3706032567381 dated 06.03.2025 (at Annexure A) as being illegal,
    arbitrary, and violative of applicable law and Article 14 of the Constitution of
    India and consequently set aside the same and pass such
    
    IA NO: 1 OF 2025
    
          Petition under Section 151 CPC praying that in the circumstances stated
    in the affidavit filed in support of the petition, the High Court may be pleased
    may be pleased to stay the operation of the Impugned Assessment Order No.
    ZD370325008138J in Form DRC-07bearing DIN3706032567381 dated
    06.03.2025 (at Annexure A) including the proceedings initiated / intended to
    be initiated thereunder and pass such
    
    Counsel for the Petitioner:
    
       1. DODDALA PRUDHVI TEJA
    
    Counsel for the Respondent(S):
    
       1. GP FOR COMMERCIAL TAX
    
    
    
    Date of Reserved                :     22.04.2026
    Date of Pronouncement           :     29.04.2026
    Date of Upload                  :     29.04.2026
                                                    3
                                                                             RRR,J& TCDS,J
                                                                      W.P.No.10314 of 2025
    
    
    The Court made the following Order:
    (per Hon'ble Sri Justice R. Raghunandan Rao)
    
    
            Heard Sri Kumar Visalaksh, learned counsel appearing on behalf of the
    
    Sri Doddala Prudhvi Teja, learned counsel appearing for the petitioner and the
    
    learned Government Pleader for Commercial Taxes, appearing for the
    
    respondents.
    
    
            2.       The petitioner is in the business of supply of Solar Power
    
    Generating Systems and Solar Power-based Devices. In this process, the
    
    petitioner also offers services of design, installation, testing, commissioning
    
    and maintenance of such systems and devices.
    
    
            3.       The petitioner, who is registered under the GST Act, had been
    
    filing its returns and paying tax. Entry 234, in Notification No.1/2017-Central
    
    Tax (Rate), dated 28.06.2017, read with Services Rate Notification
    
    No.11/2017-Central Tax (Rate), dated 28.06.2017, fixed rate of 2.5% under
    
    CGST and 2.5% under SGST, in relation to supply of goods involved in solar
    
    power generating systems and a separate rate of 18% for supply of services,
    
    in this regard, in entry 38 of Notification No. 11/2017. This entry, in Notification
    
    No. 1/2017, was further amended by Notification No.24/2018 which added an
    
    explanation to the said entry. The said explanation reads as follows:
    
            Schedule 1-2.5%
    
    S.No.            Chapter/Heading/Sub- Description of Goods
                     Description of Goods
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                                                                      W.P.No.10314 of 2025
    
    
    
    234         84,85 or 94              Following renewable energy devices &
                                         parts for their manufacture
                                         .......
    

    (b) Solar power based devices

    Explanation: If the goods specified in
    this entry are supplied, by a supplier,
    along with supplies of other goods
    and services, one of which being a
    taxable service specified in the entry at
    S. No. 38 of the Table mentioned in the
    notification No. 11/2017-Central Tax
    (Rate), dated 28th June, 2017 [G.S.R.
    690(E)], the value of supply of goods
    for the purposes of this entry shall be
    deemed as seventy per cent. of the
    gross consideration charged for all
    such supplies, and the remaining
    thirty per cent. of the gross
    consideration charged shall be
    deemed as value of the said taxable
    service.

    SPONSORED

    4. At the same time, another explanation was added in entry No.38,

    of the Services Notification, which was dealing with services relating to solar

    power generating system. The said explanation reads as follows:

    Sr.No Chapter, Description of Service Rate(%) Condition
    Section of
    Heading
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    W.P.No.10314 of 2025

    38 9954 or Service by way of construction 9 or
    9983 or engineering or installation or other
    9987 technical services, provided in
    relation of setting up of following,-

    (c) Solar power generating system

    Explanation – This entry shall be
    read in conjunction with serial
    number 201A of Schedule II of the
    notification No. 1/2017-Central Tax
    (Rate), published in the Gazette of
    India, Extraordinary, Part II, Section
    3
    , Sub-section (i) dated 28th June,
    2017 vide GSR number 673(E)
    dated 28th June, 2017.

    5. The petitioner took the stand that these amendments to the said

    entries effectively levied GST @ 5% on 70% of the value of supply and 18%

    on 30% of the value of supply resulting in an effective rate of 8.9%. It would

    also be necessary, to note that, that a circular had also been issued by the

    Central Board of Indirect Taxes and Customs (CBIC) bearing Circular

    No.163/19/2021-GST, dated 06.10.2021, making the aforesaid explanation

    applicable with effect from 01.01.2019. The petitioner on the basis of such

    notifications had been paying taxes of 5% on 70% of the supply price and

    18% on 30% of the supply price. The returns filed by the petitioner, on this

    basis, for the tax period 2020-2021, were not disputed till a show cause

    notice, dated 30.11.2024, was issued by the 3rd respondent. In this show
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    W.P.No.10314 of 2025

    cause notice, various issues were raised. However, all the issues, except one

    issue, had been resolved and are not the subject matter of the present writ

    petition. The issue which is the subject matter of this Writ Petition, is the rate

    at which tax is to be collected.

    6. The 3rd respondent proposed tax on supply of solar power

    generating systems at 18% and issued a notice, under Section 74 of the

    CGST Act, on the ground that there has been evasion of tax. The petitioner

    replied, to this show cause notice, on 24.12.2024 and 24.01.2025. The 3rd

    respondent rejected the objections raised by the petitioner, in these two

    representations, and passed an order of assessment, under Section 74 and

    74(9) of the CGST Act on 06.03.2025, raising the tax demand of

    Rs.9,19,14,507/- as well as an equivalent amount as penalty along with

    interest. The petitioner being aggrieved by this order, has approached this

    Court, by way of the present Writ Petition.

    7. The petitioner in its objections, filed before the 3rd respondent had

    contended that the petitioner had been supplying solar power generating

    systems, as a composite contract and as such, the petitioner would be entitled

    to the benefit of the aforesaid entries which levied effective rate of 8.9%. The

    petitioner also took the contention that the assessment proceedings were

    barred by limitation as section 74 of the CGST Act, which gives extended

    limitation to the third respondent, could not have been invoked. The petitioner
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    W.P.No.10314 of 2025

    contended that none of the ingredients of section 74, had been made out in

    the show cause notice.

    8. The 3rd respondent, while considering these objections, held that

    the petitioner had raised bills separately for goods supplied at different rates

    with different rates of taxes and that separate invoices were raised for

    services, due to which the formula of 70:30 set out in entry 234 and entry 38

    mentioned above would not be applicable. The third respondent, on the

    ground that separate invoices were issued for supply of goods and separate

    invoices were issued for erection and installation, held that the supply cannot

    be treated as a single contract of supply of goods and services.

    9. Apart from this, the third respondent also held that the effective

    rate of 8.9% could not have been applied for goods which have been supplied

    and covered under different HSN codes, which were liable to be taxed at the

    rate of 18%. The present writ petition challenges this order of assessment.

    10. The learned counsel for the petitioner, would contend that the

    impugned order is without jurisdiction and beyond limitation. Apart from this,

    the petitioner would also contend that the 70:30% mechanism brought in by

    the above notifications was applicable in the present case. The petitioner also

    relied upon the judgment of a Division Bench of this Court, in the case of

    Sterling and Wilson Pvt. Ltd. vs. Joint Commissioner & Ors., in

    W.P.No.20096 of 2020, wherein it was held that supply of solar power

    generating systems is a composite supply. In paragraph No.23, of the affidavit
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    W.P.No.10314 of 2025

    filed in support of the writ petition, the petitioner had taken a specific ground

    that the supply of goods and services, in the course of installing solar power

    generating systems, was under one contract and that the petitioner, in the

    alternative, would also contend that the notifications clearly stipulate a specific

    rate of tax by virtue of a deeming fiction, and the issue of whether the goods

    supplied could have been taxed at higher rates would not arise in view of the

    explicit provisions of the notifications.

    11. The 3rd respondent has filed a counter-affidavit and an additional

    counter-affidavit. In the counter-affidavit, the third respondent, except

    reiterating that the petitioner had issued separate invoices for the supply of

    goods and separate invoices for the supply of services, has not disputed the

    contention of the petitioner that all these supplies were made in pursuance of

    contracts executed between the petitioner and its customers. The additional

    counter affidavit, also does not contain any averments on this issue.

    Consideration of the Court:

    12. The supply of solar power generating systems, and the tax

    payable on such supply has been considered by a Division Bench of this

    Court in Sterling and Wilson Pvt. Ltd. vs. Joint Commissioner & Ors. In

    that case, the issue before the Court was whether such supply of solar power

    generating systems would result in the installation of an immovable property

    or would only be a composite supply of services and goods. The Division
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    W.P.No.10314 of 2025

    Bench, after going into the facts of the case, had held that such supply of solar

    power generating systems was a composite supply of goods and services.

    13. In the present case, this Court does not require to go into those

    facts as the petitioner is accepting tax liability set out in Entry 234 of

    Notification No. 1/2017 C.T (R), dated 28.06.2017 and Entry No.38 in Service

    rate Notification No.11/2017-C.T (R), dated 28.06.2017. A conjoint reading of

    both these notifications, and the explanations appended to the relevant entries

    would show that the consideration received for supply of solar power

    generating systems, even under erection, procurement, and commissioning

    contracts, would have to be taxed by applying the 70:30 mechanism, wherein

    70% of the supply price would be taxed at 5% while 30% of the supply price

    would be taxed at 18%.

    14. The 3rd respondent sought to make out a case of separate

    supply of goods and service due to which the petitioner would not be entitled

    to the benefit of these notifications. This view is incorrect, for the reasons that

    follow.

    15. The original entry, No. 234, in Notification No. 1, levied GST at the

    rate of 5% on the supply of Solar Power Generating Systems and it’s parts.

    This would mean that any goods, which are supplied as a part of such Solar

    Generating Systems, would attract GST at the rate of 5%, even if they fall

    under different heads. Similarly, the services, supplied, as a part of the

    installation, maintenance etc., of Solar Power Generating Systems, would
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    W.P.No.10314 of 2025

    attract GST at the rate of 18%. Prior to the introduction of the explanation, the

    registered person would have to pay GST at the rate of 5% on the supply of

    goods and 18% on the supply of services. For this purpose, the value of

    supply of goods and the value of supply of services, would have to be

    disclosed separately and different rates of tax would have to be paid. The

    registered person, in Sterling and Wilson Pvt. Ltd. vs. Joint Commissioner

    & Ors., in W.P.No.20096 of 2020, had contended that in such a situation, the

    registered person would be entitled to the benefit of paying GST, on the entire

    supply, at the rate of 5%, by treating the supply of goods and services as a

    composite supply, wherein the registered person would pay GST at the rate of

    5%, fixed for the supply of goods, which was the predominant part of the

    supply. This contention was accepted by a Division Bench of this court, in the

    above judgment.

    16. By virtue of the inclusion of the explanations, in entry 234 and

    entry 38 of the two notifications, a legal fiction has been created, that in the

    supply of Solar Power generating Systems, the value of supply of goods is

    70% and the value of services is 30%. The explanation, incorporated in Entry

    234, stipulates that the 70:30 mechanism would be applicable if the goods

    mentioned in Entry 234 are supplied along with other goods, which could be

    taxed and supply of services, which are taxable under Entry 38 of Notification

    No. 11 of 2017. That part of the explanation is being extracted:
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    W.P.No.10314 of 2025

    “If the goods specified in this entry are supplied, by a supplier, along
    with supplies of other goods and services, one of which being a taxable
    service….”

    17. In view of these provisions, any supply of a Solar Power

    Generating System, or it’s parts as one supply or as separate parts would not

    make any difference, to the rate of tax. The view of the 3rd respondent to the

    contrary is incorrect and has to be rejected.

    18. In the present case, even if the view of the third respondent, is

    to be taken into account, there has been a separate supply of goods in

    relation to Solar Power Generating Systems and systems, falling under Entry

    234 of Notification No. 1 of 2017, and there has been a separate supply of

    services, falling under Entry No. 38 of Notification No. 11 of 2017, it is not

    clear as to how the 3rd respondent can claim that the petitioner would not be

    entitled to pay tax, under these entries. Except stating that separate invoices

    were issued, the third respondent has not explained how issuance of separate

    invoices would take the case of the petitioner out of these two entries. Further,

    the petitioner has specifically contended that these supplies were made under

    contracts executed with the purchaser. In such circumstances, mere issuance

    of separate invoices, cannot mean that there is no overall contract and that

    the supply price can be taxed at whichever rate, the third respondent seeks to

    levy. Another issue that would come up is that, even if the third respondent

    was right, an exercise of ascertaining the value of the goods which had been

    supplied and the rate of tax payable on such goods should have been carried
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    W.P.No.10314 of 2025

    out. There is no such clarity or exercise, undertaken by the third respondent.

    Similarly, another exercise in relation to the value of services would have to be

    conducted. Instead of doing the same, the third respondent simply levied tax

    at the rate of 18% on the entire supply. It is not clear as to how such a rate of

    tax could have been applied on the entire turnover, especially when the third

    respondent had taken the view that there was a separate supply of goods and

    a separate supply of services.

    15. The impugned order appears to be an attempt by the third

    respondent to simply raise revenue for the state without applying his mind to

    the facts. In any event, the view of the 3rd respondent is incorrect and it would

    have to be held that the petitioner was required to pay GST, as per the 70:30

    mechanism, set out in the explanation to the entries in the above notifications.

    16. For the aforesaid reasons, the order of assessment passed by

    the 3rd respondent on 06.03.2025 is set aside. In view of the decision on

    merits, this Court is not going into the question of whether the impugned order

    of assessment was within limitation or not.

    17. Accordingly, this Writ Petition is allowed, and the impugned

    Assessment Order in Form DRC-07 bearing DIN3706032567381, dated

    06.03.2025, is set aside to the extent of the levy of differential rate of tax, on

    the supply of goods and services of solar power generating systems and solar
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    W.P.No.10314 of 2025

    power based devices, and the 3rd respondent is further directed to pass

    necessary consequential orders. There shall be no order as to costs.

    As a sequel, pending miscellaneous petitions, if any, shall stand closed.

    _______________________________
    R. RAGHUNANDAN RAO, J

    _____________________
    T.C.D. SEKHAR, J
    RJS
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    RRR,J& TCDS,J
    W.P.No.10314 of 2025

    THE HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO
    &
    THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR

    WRIT PETITION No: 10314 of 2025

    (per Hon’ble Sri Justice R.Raghunandan Rao)

    29.04.2026
    RJS
    15
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    W.P.No.10314 of 2025



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