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Reconstructing tests of immovability and credit eligibility in the wake of Bharti Airtel judgement

Virtual Webinar

28 November 2024 | 4:30 PM

Following on the wake of the Safari Retreats decision, the Supreme Court’s judgement in Bharti Airtel and Ors. is nothing short of an orchestra performance. The landmark judgement has brought a transformative shift in parameters of credit eligibility, setting the stage for a new era of growth and opportunity. 

The Supreme Court upturned the Bombay High Court’s decision, endorsed the Delhi High Court’s view and allowed the credit on telecom towers and pre-fabricated buildings, classifying them as ‘movable goods’. The structures were thus held to qualify as ‘capital goods’ and also ‘inputs’ on which credit is eligible.

The webinar by Lakshmikumaran & Sridharan Attorneys (LKS) will deliberate on:

  • History of the dispute
  • Tests considered to determine ‘immovable’ nature – Practical application to common capex procurements
  • Impact on the concept of ‘works contract’ under GST
  • Interplay of the findings in Safari Retreats vis-à-vis Bharti Airtel
  • Wider implications of this judgment under other laws – GST, Stamp duty, Property Tax
  • Insights into potential challenges and mitigation measures

Speaker: V Lakshmikumaran, Managing Partner