In a win for telecommunications companies (telcos) such as Bharti Airtel, Vodafone Idea, Reliance Communications, Indus Towers, and Tata Telecommunications, the Supreme Court (SC) on Wednesday said they can avail of tax credits for duties paid on infrastructure like towers, parts, shelters, printers, and chairs, against the service tax they pay for providing cellular services.
The Division Bench of Justices B V Nagarathna and N Kotiswar Singh overturned a 2014 Bombay High Court (HC) ruling, which had said that telcos could not avail themselves of central value-added tax (cenvat) credit on infrastructure for offsetting the service tax paid on cellular services.
This ruling aligns with the views of several other HCs, particularly the 2018 Delhi HC decision.
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