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

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