Solar power developers body, NSEFI, asks Telangana for entry tax exemption

The National Solar Energy Federation of India (NSEFI) has requested the Telangana Government to exempt solar power developers from payment of Entry Tax for the capital goods imported into the State for setting up solar power projects..

The NSEFI called upon the State Government to “Direct the concerned to exempt developers from payment of Entry Tax for the capital goods, imported into Telangana and which were used for setting up of the solar power projects by the developers.” The levy of Entry Tax is around 12.5 per cent on the capital goods coming from other States and the imports are exempted.

Subrahmanyam Pulipaka, Chief Executive Officer, in the letter addressed to Chief Minister K Chandrashekar Rao and to R K Singh, Union Minister of State, Ministry of New and Renewable Energy, and Indu Shekhar Chaturvedi, Secretary Ministry of New and Renewable Energy, requested immediate action as the tax could set-back the solar industry which is under tremendous pressure due to non- payment of dues by Telangana and AP Discoms, delays in recovery of GST and Safeguard claims under Change in Law.

Since Solar Power Developers (SPDs) are using these goods/capital goods in the manufacture of eElectricity/ development of solar power projects, the notified goods should be exempted from the Entry Tax liability under the TGET Act. A clarification should be issued in this regard that the Capital Goods used in setting up of the solar PV power plants shall fit into the word “input” used in the TGET Act and therefore should be exempted from the Entry Tax liability under The Telangana Tax on Entry of Goods into Local Areas Act, 2001.

It also sought to mention that Andhra Pradesh High Court had declared that the impugned levy of Entry Tax as unconstitutional. The Supreme Court had also dismissed the Appeal by the State and directed the State Government to file fresh petitions before the High Court, raising the appropriate issues with necessary factual background and on any other constitutional/statutory issue for fresh consideration.

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