The GST Paradox Of Power Storage



Quick Summary
A recent Tamil Nadu Authority for Advance Ruling (AAR) decision clarifies the Goods and Services Tax (GST) treatment for Battery Energy Storage Systems (BESS). The ruling establishes that operating BESS is considered a support service for electricity transmission and distribution, not a supply of electrical energy, and is therefore taxable at 18% GST. This means BESS developers must obtain GST registration and will face increased project costs due to the tax.

The Tamil Nadu Authority for Advance Ruling (AAR) recently issued a significant decision regarding the GST treatment of Battery Energy Storage Systems (BESS). This ruling is particularly relevant for entities involved in the development and operation of storage infrastructure for power distribution and transmission.

GST on Power Storage: BESS Ruling and Tax Implications

Summary

Feature

AAR Determination

Activity Classification

Support services to electricity transmission & distribution

HSN Code

998631

Applicable GST Rate

18%

Exemption Status

Rejected (Not considered "Supply of Electrical Energy")

Requirement

Must obtain GST registration in Tamil Nadu

Case Overview: Indigrid 2 Private Limited

The applicant, Indigrid 2 Private Limited, entered into Battery Energy Storage Purchase Agreements (BESPA) to develop and operate BESS projects. These systems are designed to store energy during surplus periods and discharge it during peak demand, assisting transmission and distribution agencies.

The applicant sought an advance ruling on whether these activities could be classified as the "supply of electrical energy," which is exempt from GST under Notification No. 02/2017-CT (Rate) . They also questioned if co-locating these systems with existing power utilities would grant them the "nil rate" status typically reserved for electricity transmission and distribution.

The AAR's Findings

The Tamil Nadu AAR rejected the exemption claims, focusing on the functional and legal classification of the service provided:

1. Storage is not Production or Sale of Energy: The Authority held that the development and operation of a BESS, even on a standalone basis, does not amount to the supply of electrical energy. The BESS functions as an intermediary infrastructure; it facilitates the storage of power but does not transform the operator into an electricity supplier in the eyes of the law.

2. Distinction from Transmission/Distribution Utilities: Even when BESS units are co-located with generation or transmission utilities, the AAR noted that the ownership and the nature of the entity matter. Since the applicant is not a recognized transmission or distribution utility itself, it cannot benefit from the exemptions provided under Notification No. 12/2017-CT (Rate).

3. Classification as a "Support Service": The AAR concluded that the activity is a commercial service provided to the power sector. It classified the operation under:

 
  • HSN Code: 998631
  • Service Description: Support services for electricity transmission and distribution.

Tax Implications and Compliance

The ruling carries three immediate consequences for BESS operators:

  • 18% GST Rate: The services are now clearly taxable at the standard rate for professional support services.
  • Mandatory Registration: Operators must obtain GST registration in the states where the BESS infrastructure is located (in this case, Tamil Nadu).
  • Increased Project Costs: An 18% tax on the operation and maintenance (O&M) and development fees may impact the levelized cost of storage (LCOS) for these projects, unless credit can be fully utilized.
 

Conclusion

This ruling clarifies that BESS developers are service providers to the grid, not energy sellers. For the industry, this underscores the importance of precise contract drafting and tax planning. While BESS remains a cornerstone of the green energy transition, its regulatory journey involves navigating a complex tax framework where "storing" power is legally distinct from "supplying" it.

Disclaimer:  Every effort has been made to avoid errors or omissions in this material. In spite of this, errors may creep in. Any mistake, error or discrepancy noted may be brought to our notice which shall be taken care of in the next edition. In no event the author shall be liable for any direct, indirect, special or incidental damage resulting from or arising out of or in connection with the use of this information.


704 Views Comment   Share GST   Report


About the Author

Company Secretary

Company Secretary having 11+ years of post qualification experience in the Compliance Management Services industry by serving Corporates including Listed Companies, Corporate Secretarial Firms and LLP. Have a keen interest in the Corporate Governance and Compliance Management and the soaring craving to learn everyday. ... Read more

Comments :

Related Articles


Loading


Popular Articles





CCI Pro

CCI Articles

submit article


Company
ARTICLESHIP 21 September 2026
CA Article Assistant

KK & Company Chartered Accountant

Pune

CA Inter

View Details
Company
16 September 2026
Internal Audit - Team Lead

Consulting & Beyond

Chennai

CA

View Details
Company
ARTICLESHIP 15 September 2026
Freelance Taxation Content Writer Intern

Interactive Media Pvt Ltd.

New Delhi

CA Inter

View Details
Company
08 October 2026
Account Executive

Elite Taxation

New Delhi

CA Foundation

View Details
Company
ARTICLESHIP 07 October 2026
Article Trainee/ CMA Trainee

RMA And Associates LLP

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 16 September 2026
Article Assistant

MANUJ SHARMA AND COMPANY

Noida

CA Inter

View Details
Company
ARTICLESHIP 07 October 2026
Article assistant

S.K.Bajpai & Co.

Noida

B.Com

View Details
Company
22 September 2026
Account Assistant

Chirag P Shah & Co. Chartered Accountant

Pune

B.Com

View Details