Business expenditure deduction requires proof of genuine commission payments and commercial allowability; turnover growth alone cannot validate the cl...
Article 8 treaty coverage excluded third-party airline support services, while documented demonetisation cash receipts remained accepted business inco...
Functional comparability under TNMM requires highway contract benchmarks to reflect operation, maintenance and transfer activities, requiring fresh be...
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The HC held that telecommunication towers cannot be construed as immovable property falling within the ambit of Section 17(5)(d) of the CGST Act, rendering them ineligible for input tax credit. Relying on the SC's decision in Bharti Airtel, the HC observed that telecommunication towers are movable equipment used in telecommunications, lacking the essential characteristics of immovable property. Section 17(5) specifically excludes telecommunication towers from the definition of "plant and machinery," indicating the statute does not envisage them as immovable property. Consequently, the denial of input tax credit on telecommunication towers by the respondents was held unsustainable, and the appeal was allowed.
The HC held that telecommunication towers cannot be construed as immovable property falling within the ambit of Section 17(5)(d) of the CGST Act, rendering them ineligible for input tax credit. Relying on the SC's decision in Bharti Airtel, the HC observed that telecommunication towers are movable equipment used in telecommunications, lacking the essential characteristics of immovable property. Section 17(5) specifically excludes telecommunication towers from the definition of "plant and machinery," indicating the statute does not envisage them as immovable property. Consequently, the denial of input tax credit on telecommunication towers by the respondents was held unsustainable, and the appeal was allowed.
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