Movability of telecom towers permits input tax credit by excluding them from immovable property GST restriction.
Telecom towers and pre fabricated buildings that can be dismantled, relocated, and sold fail the tests of permanency and permanent beneficial enjoyment and thus qualify as movable property under the Transfer of Property Act and General Clauses Act. Fixation solely to ensure operational stability indicates attachment for functionality, not permanent assimilation with land. As a consequence, restrictions on input tax credit limited to immovable property do not apply to such towers and shelters, affecting eligibility for credit under service tax and GST regimes. (AI Summary)
Telecom towers and pre fabricated buildings that can be dismantled, relocated, and sold fail the tests of permanency and permanent beneficial enjoyment and thus qualify as movable property under the Transfer of Property Act and General Clauses Act. Fixation solely to ensure operational stability indicates attachment for functionality, not permanent assimilation with land. As a consequence, restrictions on input tax credit limited to immovable property do not apply to such towers and shelters, affecting eligibility for credit under service tax and GST regimes. (AI Summary)
TaxTMI