RE companies move to the high court requesting exemption from GST on RECs

Renewable Power companies have moved to the Delhi High Court requesting an exemption from Goods & Service Tax on the REC certificates. Currently, there is a GST rate of 12% applied to Renewable Energy Certificates. The Delhi Court had issued notices on Tuesday to the center, the GST council & the Central Board of Indirect Taxes and Customs in this regard.

According to the Counsel of the petitioner companies securities are defined neither as goods nor services under GST laws & hence are not taxable under the indirect tax regime.

As per the Securities Contracts Act regulations, under Clause 2 (h) Securities include “shares, scrips, stocks, bonds, debentures, debenture stock or other marketable securities of a like nature in or of any incorporated company or another body corporate;”

RECs fall under the definition of securities. “These scrips are traded on IEX (Indian Energy Exchange) and PXIL (Power Exchange India Limited) and are electricity derivatives,” the Counsel head believes.

Currently, since the GST is levied on the RECs, RE companies are unable to trade Renewable Energy Certificates if they have incomplete GST registration (KYC) in turn unable to reach their REC obligation. Further, apart from being a financial burden, GST is an operational burden. Also, since there are multiple parties involved in the trade process (Exchanges, sell&buyer, and trading members) it becomes an overwhelming task to understand the GST impact on each of them. This makes REC trading a tedious process.

REC trade result – March 2019

The March trade session saw an increase in the price trend maintaining the pattern of the previous trade sessions. The demand scenario was on the higher side while the supply remained. The demand-supply scenario has been consistently this way since the past few months. March being the financial year-end, the price of solar soared high at 2000 as there was a rush among the obligated entities to abide by their obligations.

Non-Solar: This session the RECs were traded at the price of INR 1395 at PXIL (39.5% above the floor price) and INR 1500 at IEX (50% above the floor price). A total of 8,31,378 RECs were traded in this session leaving an inventory of 18,72,826 Non-Solar RECs.

Solar: Total number of solar RECs traded in this session was 3,46,383 RECs traded at Rs 1700 at PXIL (70% above the floor price) and at Rs 2000 at IEX (100% above the floor price).

The overall trade volume (11,77,761 RECs) decreased by almost 5.08% from the last months’ trade volume (12,40,849 RECs).

 

REC Trade Result – February 2019

February’s trade session saw an increase in the price trend similar to the previous sessions.  The demand for both solar & non-solar remained consistent and the supply also increased. The highlight of this month’s trade was that solar crossed the price of INR 1,750 in the last session and reached at INR 1908 at PXIL (however, PXIL accounted for only 6.1% of the total cleared solar RECs volume).

Non-Solar: This session the RECs were traded at the price of INR 1555 at PXIL (55.5% above the floor price) and INR 1395 at IEX (39.5% above the floor price). A total of 8,32,085 RECs were traded in this session leaving an inventory of 24,50,796 Non-Solar RECs.

Solar: Total number of solar RECs traded in this session was 4,08,764. RECs traded at Rs 1908 at PXIL (90.8% above the floor price) and at Rs 1500 at IEX (50% above the floor price).

The overall trade volume (12,40,849 RECs) increased by almost 54.08 % from the last months’ trade volume (8,05,318 RECs).

REC trade result – January 2019

The price increase trends of the last few months continued in January as well.  The demand for both solar & non-solar remained consistent while the supply remained limited. The highlight of this month’s trade was that solar crossed the price of INR 1,500 in the last session and reached at INR 1750 at IEX.

Non-Solar: This session the RECs were traded at the price of INR 1501at PXIL (50.1% above the floor price) and INR 1500 at IEX (50% above the floor price). A total of 4,91,890 RECs were traded in this session leaving an inventory of 19,39,720 Non-Solar RECs.

Solar: Total number of solar RECs traded in this session was 1,18,526 (33.12% decrease from the last months’ trade). RECs traded at Rs 1500 at PXIL (50% above the floor price) and at Rs 1750 at IEX (75% above the floor price).

REC trade result – December 2018

The december trading session saw a good price discovery for both solar & non-solar RECs. The market saw a significant price hike in solar as compared to last month. The demand for both solar & non-solar remained consistent while the supply remained limited. As we approach the year-end, the obligated entities are in the process to comply with their obligations and hence the higher demand in order to not face any penalties for non-compliance. However, the highlight of this month’s trade was that solar crossed the floor price of INR 1,000 and reached at INR 1500 at PXIL and INR 1450 at IEX.

Non-Solar: This session the RECs were traded at the price of INR 1255 at PXIL (25.5% above the floor price) and INR 1320 at IEX (32% above the floor price). A total of 3,82,400 RECs were traded in this session leaving an inventory of 21,52,097 Non-Solar RECs. (However, a significant portion of these do not participate in trading as they would either be owned by Discom’s or are for self-retention).

Solar: Total number of solar RECs traded in this session was 1,77,247 (201% increase from the last months’ trade). The clearing ratio was 100% at PXIL & 100% at IEX respectively (w.r.t floor price). RECs traded at the floor price, i.e. INR 1500 at PXIL (50% above the floor price) and at Rs 1450 at IEX (45% above the floor price).

The overall trade volume (5,59,647 RECs) increased by almost 10.65% from the last months’ trade volume (5,05,738 RECs).

REC trade result – November 2018

This month trading session saw a good price discovery for both solar & non-solar RECs. The market saw a significant price hike in solar as compared to last month. The demand for both solar & non-solar remained consistent while the supply remained limited. As we approach the year-end, the obligated entities are in the process to comply with their obligations and hence the higher demand in order to not face any penalties for non-compliance. However, the highlight of this month’s trade was that solar crossed the floor price of INR 1,000.

Non-Solar: This session the RECs were traded at the price of INR 1260 at PXIL (26.0% above the floor price) and INR 1252 at IEX (25.2% above the floor price). A total of 4,46,861 RECs were traded in this session leaving an inventory of 20,43,871 Non-Solar RECs. (However, a significant portion of these do not participate in trading as they would either be owned by Discom’s or are for self-retention).

Solar: Total number of solar RECs traded in this session was 58,877 (368% decrease from the last months’ trade). The clearing ratio was 100% at PXIL & 100% at IEX respectively (w.r.t floor price). RECs traded at the floor price, i.e. INR 1051 at PXIL and at Rs 1101 at IEX.

The overall trade volume (5,05,738 RECs) decreased by almost 39.05% from the last months’ trade volume (7,03,256  RECs).

CERC extends expiry date for RECs due to expire

The CERC had issued an order extending the validity of Renewable Energy Certificates (REC) which were to expire between 15th May 2018 – 30th October 2018, up to 30th October 2018. There has now been an extension in the expiry of these RECs till 30th March 2019. A summary of the RECs likely to expire between 31st October 2018 to 31st October 2019.

Since the past year, the shelf life of the RECs has surpassed its expiry life of one year due to high supply but limited demand. Only post-November 2017 there has been a generous market realization of RECs (both solar and non-solar). Des[ite of this and the lack of enforcement there was a petition filed to extend the expiry of the RECs.

From the above inventory, it is evident that 1,83,999 RECs which have been issued prior to 01.04.2017 are due to expire within the next six months. This includes 38,651 Solar RECs and 1,45,348 Non Solar RECs. Hence the Commission is of the view that there is a need to extend the validity of RECs which are due to expire up to 31.03.2019.

The Commission in exercise of Power under Regulation 15 of REC Regulations has extended the validity of RECs which are due to expire between 31st October 2018 and 31st March 2019 up to 30th April 2019. Accordingly, RECs which are due to expire between 31st October 2018 and 31st March 2019 will remain valid up to 30th April 2019.

 

REC trade result – October 2018

This month’s trading saw good participation from the market due to good price realization in non-solar RECs and increased demand for solar REC in the last few months.

Non-Solar: The shortage of Non-solar RECs continues in the current session of October 2018. This session the RECs were traded at the price of INR 1201 at PXIL (16.73% above the base price) and INR 1251 at IEX (20.06% above the floor price). A total of 4,27,305 RECs were traded in this session leaving an inventory of 18,83,673 Non-Solar RECs. (However, a significant portion of these do not participate in trading as they are owned by Discom’s or are for self retention)

Solar: Total number of solar RECs traded in this session was 2,75,951 (82.28% decrease from the last months’ trade). The clearing ratio was 100% at PXIL & 100% at IEX respectively (w.r.t floor price). RECs traded at the floor price, i.e. INR 1000 at PXIL and at Rs 1,001 at IEX.

The overall trade volume (7,03,256 RECs) decreased by almost 170% from the last months’ trade volume (19,03,638  RECs). This was due to very high demand for solar RECs last month.

REC Trade Result – September 2018

Non-Solar: The shortage of Non-solar RECs continues in the current session of September 2018. This session the RECs were traded at the price of INR 1300 at PXIL (30% above the floor price) and INR 1100 at IEX (10% above the floor price). A total of 3,45,576 RECs were traded in this session leaving an inventory of 18,83,673 Non-Solar RECs.

Solar: Total number of solar RECs traded in this session was 15,58,062 (220% increase from the last months’ trade). The clearing ratio was 37.10% at PXIL & 100% at IEX respectively (w.r.t floor price). RECs traded at the floor price, i.e. INR 1000 at PXIL and IEX both respectively. This was the highest ever Solar REC trade by volume, and the second time in the history of REC trading, where the solar REC trading volume surpassed 10 lakh, leaving behind an inventory of just 7,82,333 Solar RECs.

The overall trade volume (19,03,638 RECs) increased by almost 132% from the last months’ trade volume (8,19,608 RECs). In the last six months, this trading session has recorded the highest clearance to issuance ratio.

REC trade results – August 2018

Non-Solar: Non-solar RECs prices continue to rise with robust demand but the clearance volume is constrained due to limited supply availability. This session the RECs were traded at the price of INR 1101 at PXIL (10.1% above the floor price) and INR 1200 at IEX (20% above the floor price). The non-solar REC inventory completely exhausted in August 2018 with a clearing ratio of 100% at PXIL & IEX both respectively. A total of 3,33,479 RECs were traded in this session.

Solar: Total number of solar RECs traded in this session was 4,86,129 (184% decrease from the last trade). The clearing ratio was 29.06% at PXIL & 15.42% at IEX respectively. RECs traded at the floor price, i.e. INR 1000 at PXIL and IEX both respectively.

The overall trade volume of (8,19,608) decreased almost by 50% from the last trade (16,18,069).

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