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Time of India
19 hours ago
- Business
- Time of India
SC upholds Delhi HC ruling favouring Airtel, Indus Towers, says telecom towers eligible for ITC
The Supreme Court on Friday upheld a Delhi High Court 's December ruling that favoured Bharti Airtel and Indus Tower, holding that telecom towers qualify as "movable" property and, thus eligible for input tax credit (ITC) under the income tax laws. Reaffirming pre-GST position on mobile towers ceasing to be an 'immovable property,' a Bench comprising Justice Pankaj Mithal and Justice Prasanna B Varale dismissed the income tax department's appeal and upheld the HC December 12 decision that held that telecom towers fall within the scope of plant and machinery and do not fall within the ambit of Section 17(5)(d) of the Central Goods and Services Tax Act, 2017, and therefore, were eligible for ITC. It also upheld the high court decision to quash the demand and show cause notices issued to Bharti Airtel and Indus Towers . The top court refused to accept the Revenue's stand to differentiate between the service tax regime and the GST framework in the treatment of such infrastructure, stating that it would not permit such 'hair-splitting' interpretations. The department had challenged the HC ruling that refused to characterise mobile towers as immovable property, thereby granting ITC on inputs and input services used for setting up such passive infrastructure. It stated that the explanation at the end of Section 17(5) of the CGST Act had excluded the telecommunication towers specifically from plant and machinery. Senior counsel Arvind P. Datar, appearing for Airtel, argued that the intent of the law, both in the pre-GST and post-GST regime, had been consistent in denying the credit to be only in the context of immovable property, whether pre-GST or post-GST. The telecos stand was that the telecommunication towers were moveable items of essential equipment used in telecommunications, which can be dismantled at site and, thus, capable of being moved. It is only the concrete structure on which those telecommunication towers were placed which could be treated as an immovable element of that equipment whereas steel or metal structures were capable of being shifted to other locations, they said, adding that the assumption that the installation of these towers results in the establishment of an immovable structure is misconceived, said the telecom companies. Welcoming the SC decision, Sandeep Sehgal, Partner-Tax, AKM Global, a tax and consulting firm, said that 'the judgment ensures consistency with earlier service tax rulings and avoids unnecessary technical interpretations. This is a welcome relief for the telecom sector and other industries that invest heavily in fixed infrastructure, reinforcing the principle that legitimate business inputs should not be blocked from credit.' The HC had held that the denial of input tax credit based on the department's stand that towers should be categorised as "immovable" property was "wholly untenable." It ruled that the specific exclusion of telecommunication towers from plant and machinery would not lead one to conclude that the statute contemplates or envisages telecommunication towers to be immovable property. 'Telecommunication towers would in any event have to qualify as immovable property as a pre-condition to fall within the ambit of clause (d) of Section 17(5). Their exclusion from the expression 'plant and machinery' would not result in it being concomitantly held that they constitute articles which are immoveable," the HC had said.
New Indian Express
3 days ago
- Politics
- New Indian Express
Relief to BCCI as sports ministry eases RTI norms
NEW DELHI: In a major relief for the Board of Control for Cricket in India (BCCI), the Sports Ministry has revised a key provision of the National Sports Governance Bill, narrowing the scope of the Right to Information (RTI) Act to cover only those sports bodies that receive government funding or assistance. The bill, introduced by Sports Minister Mansukh Mandaviya in the Lok Sabha on July 23, initially classified all recognised sports organisations as public authorities under RTI, regardless of their funding source. Clause 15(2) of the original draft would have brought even financially independent bodies like the BCCI under RTI scrutiny. However, following pushback, the government has circulated amendments clarifying that only entities that 'rely on government funds or assistance' will be considered public authorities under RTI. This will exempt BCCI from the ambit of the RTI. 'The amended clause defines public authority as an entity relying on government funds or assistance,' a source said explaining that the 'without this clarity, the bill could have faced legal challenges.'
News18
3 days ago
- Sport
- News18
Sidhu Attacks Gambhir's Critics After IND Vs ENG: 'Will You Stand Up And...'
Last Updated: Navjot Singh Sidhu praised coach Gautam Gambhir for his steadfastness during India's tough England tour, leading to a 2-2 draw. Sidhu urged critics to recognise Gambhir's success. Former India opener Navjot Singh Sidhu on Wednesday praised current head coach Gautam Gambhir for his steadfastness during the challenging England tour and questioned his critics if they would now acknowledge him for the 2-2 draw in the UK. India, who embarked on the tour shortly after the retirements of Test stalwarts Virat Kohli and Rohit Sharma, played remarkable cricket across five fiercely contested Test matches to secure a commendable draw against England on their home turf. Reflecting on the result, achieved through a splendid victory in the series decider at the Oval, Sidhu noted that Gambhir also deserves recognition for the team's success. 'We do a lot of hero-worshipping. I want to say that whenever India plays even a little badly, anyone and everyone climbs on Gautam Gambhir and blames him. Will you stand up and greet him today?" Sidhu qas quoted as saying on his YouTube channel. Sidhu suggested that trying out wrist spinner Kuldeep Yadav might have been beneficial but credited Gambhir for persisting with his approach despite criticism and for giving opportunities to younger players. 'It was Gautam Gambhir who insisted on this transition, who gave opportunities to guys like Akash Deep and Washington. Yes, Kuldeep was maybe a better option. But he had conviction. There will be scope for improvement today and tomorrow as well. But for someone who has been questioned and criticised so much, today give him the due that he deserves." Sidhu added: 'There were many unknowns when the team went who had not made their name. Gambhir had told three to four big names are missing from the team but think of it as an opportunity for others to establish themselves. 'His words have proven to be true. Be it Brisbane, Perth, or England, history has been scripted by youngsters and it is a big thing." Gambhir entered the England series under pressure following an unprecedented Test series whitewash at home to New Zealand and setbacks in Australia. Sidhu recalled how Gambhir had encouraged the youngsters before the tour to see it as a major opportunity to make a mark. (With inputs from PTI) view comments First Published: Disclaimer: Comments reflect users' views, not News18's. Please keep discussions respectful and constructive. Abusive, defamatory, or illegal comments will be removed. News18 may disable any comment at its discretion. By posting, you agree to our Terms of Use and Privacy Policy.
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Business Standard
3 days ago
- Business
- Business Standard
Trade talks with India to begin soon: Philippines President Marcos
India and the Philippines are taking concrete steps towards launching formal negotiations for a Preferential Trade Agreement, Philippines President Ferdinand Romualdez Marcos Jr said on Wednesday. Addressing the 'India-Philippines CEO Roundtable Meeting', organised by FICCI, here, President Marcos emphasised that the Philippines and India see the PTA as a strategic platform to harness their shared strengths and elevate our economic partnership. "We are working to find common ground to make the PTA come as quickly as possible. We have found ways to quicken the process with strong support from both government and business chambers, we are taking concrete steps towards launching formal negotiations," he said, according to a release issued by FICCI. Marcos also stated that the government has taken a slew of measures to attract more Indian investments by ensuring ease of doing business in the Philippines. "These reforms show our commitment to create a truly enabling environment for investors, including our valued partners in India. We are encouraged by the growing momentum in our bilateral trade, which reached $ 3.3 billion in 2024-2025 and there is a scope to achieve exponential growth," he added. He further said that the Philippines Department of Trade and Industry will work with Indian counterparts, to soon convene the meeting of Joint Working Group on trade and investment. "We are not only going to have meetings of joint working group on trade and investment, but we will also granulate down to industry-specific working groups," Marcos noted. Piyush Goyal, Minister of Commerce & Industry, said that India and the Philippines are celebrating 75 years of unwavering friendship, diplomatic relations, and there is huge potential before us in the years to come. The bilateral trade, he said, today is very low and starting from a low base our ambitions should be huge. "This is one partnership where we should only aim for exponential growth and not be satisfied with incremental growth at all. Let us work together and collaborate in areas like healthcare, pharmaceuticals, information technology, science, innovation and agriculture," he stressed. Goyal also stated that both nations are working on a Preferential Trade Agreement, and have finalised the terms of reference. "We can use this as a basis for strengthening our bilateral ties and expanding businesses in both nations. As we move towards becoming the third-largest economy in the world in the next couple of years and as we take Indian economy from the current $ 4 trillion to $ 30 trillion by 2047, we would look at the Philippines as our trusted partner," he emphasised.
News18
3 days ago
- Politics
- News18
BCCI Escapes RTI Scrutiny Under Revised Sports Bill
Last Updated: The Sports Ministry revised the National Sports Governance Bill, limiting RTI scope to organisations relying on government grants. BCCI In a move that brings relief to the BCCI, the Sports Ministry has revised the RTI-related provision of the National Sports Governance Bill, now including only those organisations that rely on government grants and assistance within its scope. The bill, introduced by Sports Minister Mansukh Mandaviya in the Lok Sabha on July 23, initially stated in clause 15 (2) that 'a recognised sports organisation shall be considered as a public authority under the Right to Information (RTI) Act, 2005 with respect to the exercise of its functions, duties and powers under this Act." The RTI has been a contentious issue for the BCCI, which has consistently resisted inclusion under it, arguing that unlike most other National Sports Federations (NSFs), it does not rely on government funding. The proposed amendment in the bill effectively addresses this concern. 'The amended clause defines public authority as an entity that is relying on government funds or assistance. With this amendment, there is a clear definition of what is a public authority," a source was quoted as sayng by PTI. 'If this had not been done, it would have been a grey area that could have led to the bill getting held up or being challenged in court. So anything that involves public money will come under RTI. It defines the specifics," the source added. 'And even if a national sports body is not taking government funds, it can still be questioned if government assistance of any kind is involved in the conduct or operation of its events. Because government assistance is not merely funds, it is also about infrastructure," the source explained. The BCCI had previously stated that it would review the bill before commenting on its provisions. What Does Sports Bill Mean For BCCI? Once the bill becomes an act, the BCCI will be required to register itself as an NSF, especially since cricket is set to debut as an Olympic sport in the T20 format at the 2028 Games. The bill includes a provision for a National Sports Board (NSB) to establish a stringent accountability system, requiring all NSFs to attain NSB's recognition for access to central government funding. Another notable feature is the National Sports Tribunal, which will have the powers of a civil court to resolve disputes ranging from selection to election issues involving federations and athletes. Its decisions can only be appealed in the Supreme Court. The bill also makes some concessions regarding the age cap for administrators, allowing those aged 70 to 75 to contest elections if permitted by the statutes and byelaws of the relevant international bodies. This deviates from the national sports code, which set the age limit at 70. '…as a part of the preparatory activities for the bidding of Summer Olympic Games 2036, it is imperative that the sports governance landscape undergoes a positive transformation to bring better outcomes, sporting excellence and aids in improved performance in major international competitions," reads the bill's statement of objectives. The NSB will consist of a chairperson and members appointed by the central government from 'amongst persons of ability, integrity and standing." Appointments will be based on recommendations from a search-cum-selection committee, comprising the Cabinet Secretary or Secretary Sports as chairperson, the Director General of the Sports Authority of India, two sports administrators who have served as President, Secretary General, or Treasurer of a National Sports Body, and one eminent sportsperson who is a Dronacharya, Khel Ratna, or Arjuna awardee. The NSB will have the authority to de-recognise a national body that fails to hold elections for its Executive Committee or commits 'gross irregularities in the election procedures." Failure to publish annual audited accounts or 'misused, misapplied or misappropriated public funds" could also result in action by the NSB, but it would need to consult the relevant global body before taking such steps. (With inputs from PTI) About the Author Cricketnext Staff A team of reporters, writers and editors brings you news, analyses, features, live scores, results, stats and everything that's cricket from all over the globe. Follow @cricketnext First Published: Disclaimer: Comments reflect users' views, not News18's. Please keep discussions respectful and constructive. Abusive, defamatory, or illegal comments will be removed. News18 may disable any comment at its discretion. By posting, you agree to our Terms of Use and Privacy Policy.
