The Supreme Court addressed whether mobile service providers (MSPs) like Bharti Airtel can claim CENVAT credit on excise duties paid for mobile towers and prefabricated buildings (PFBs) under the CENVAT Credit Rules, 2004. It reconciled conflicting decisions by the Bombay and Delhi High Courts.

1. Case Background:

• Parties Involved:
  • Appellant: Bharti Airtel Ltd. and other MSPs.
  • Respondent: Commissioner of Central Excise, Pune.
• Core Issue:
  • Whether MSPs can claim CENVAT credit on excise duties paid on mobile towers, parts thereof, and PFBs, used in providing telecommunication services.

2. Conflicting High Court Decisions:

• Bombay High Court (2014):

  • Held that towers and PFBs are immovable properties and not "capital goods" or "inputs" under Rule 2(a)(A) and 2(k) of CENVAT Rules.
  • Credit claim disallowed for MSPs.

• Delhi High Court (2018):

  • Ruled that towers and PFBs are movable, forming part of integrated telecom systems.
  • Treated as "capital goods" and "inputs," allowing CENVAT credit.

3. Legal Framework Discussed:

• Relevant Provisions:
  • Rule 2(a)(A): Defines "capital goods."
  • Rule 2(k): Defines "inputs."
  • Rule 3(1): Entitles taxable service providers to claim CENVAT credit.
  • Rule 4(1): Allows credit on receipt of goods by service providers.

4. Supreme Court's Analysis:

• Definition of "Goods":

  • Referred to various statutes including the Sale of Goods Act, emphasizing movable property criteria.

• Immovable vs. Movable Property:

  • Analyzed installation processes.
  • Held that mobile towers and PFBs are movable as they can be dismantled and reassembled.

• Capital Goods and Inputs:

  • Recognized towers and PFBs as components or accessories essential for telecom services.
  • Held eligible for CENVAT credit under both "capital goods" and "inputs" definitions.

5. Ratio Decidendi:

• CENVAT Credit:
  • Towers and PFBs directly aid telecommunication, integral to the provision of services.
  • Eligibility for credit arises when these goods are used to provide output services, irrespective of subsequent treatment (e.g., fastening to land).

Acts and Sections Discussed:

1. CENVAT Credit Rules, 2004:

   • Rule 2(a)(A) and Rule 2(k): Definitions of "capital goods" and "inputs."
   • Rule 3(1) and 4(1): Conditions for claiming credit.

2. Central Excise Act, 1944:

   • For excise duty applicability.

3. Sale of Goods Act, 1930:

   • For defining "goods."

Subjects:

CENVAT Credit, Telecom Infrastructure, Supreme Court Judgment, Bharti Airtel Case, Mobile Towers, Prefabricated Buildings, Tax Law, Excise Duty.