https://www.taxtmi.com/caselaws?id=416077 Section 9 of the Electricity Act, 2003 gives captive consumers a statutory right to establish captive generating plants and use open access for their own consumption, subject only to transmission availability, without needing State Commission permission. Section 42(4) applies where the State Commission permits supply from a person other than the area distribution licensee, so it does not cover captive consumers exercising an independent statutory right. The Act treats ordinary consumers and captive consumers as distinct classes, and the additional surcharge is therefore not leviable on captive users under Section 42(4). en-us Fri, 10 Dec 2021 00:00:00 +0530 Mon, 15 Jun 2026 12:09:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=416077 Section 9 of the Electricity Act, 2003 gives captive consumers a statutory right to establish captive generating plants and use open access for their own consumption, subject only to transmission availability, without needing State Commission permission. Section 42(4) applies where the State Commission permits supply from a person other than the area distribution licensee, so it does not cover captive consumers exercising an independent statutory right. The Act treats ordinary consumers and captive consumers as distinct classes, and the additional surcharge is therefore not leviable on captive users under Section 42(4). Case-Laws Indian Laws Fri, 10 Dec 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=416077