2019 (3) TMI 186

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....r, Member (Technical) Shri Rahul Agarwal (Advocate) for Appellant Shri Mohd Altaf (Assistant Commissioner) AR for Respondent ORDER Per: Anil G. Shakkarwar Present appeal is directed against Order-in-Original No. ALD/EXCUS/000/(ST-114/2014) 05 of 2016 dated 01.02.2016 passed by Commissioner of Central Excise and Service Tax, Allahabad. 2. Brief facts of the case are that the appel....

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....e captive power generating plants appellant deducts 12.5% of the quantum of electricity and such quantum of electricity is technically called as "Banked". Such deduction in the quantum of electricity is towards Transmission Loss Compensation. Such deduction of quantum in equivalent monitory terms is called as banking charges. It appeared to Revenue that such banking charges are consideration for p....

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....ld that electricity is goods and is therefore covered inter alia by Entry 54 of List II of Schedule VII to the Constitution. He has argued that captive power generation plants sale electricity to the appellant whenever excess electricity is generated by captive power plants and whenever they need, re-purchase electricity from the appellant. He has argued that the transactions between the appellant....