Delhi High Court Halts Tax Action Against IndiGo in ₹458 Crore GST Dispute
Delhi HC restrains coercive action against IndiGo in ₹458 crore GST row

Image: Business Standard
The Delhi High Court has temporarily restrained tax authorities from taking action against InterGlobe Aviation, the parent company of IndiGo Airlines, regarding a ₹458 crore Goods and Services Tax (GST) demand. The court noted that payments received by IndiGo from an overseas supplier were compensatory and not taxable under GST law.
- 01The Delhi High Court's Division Bench included Justice Nitin Wasudeo Sambre and Justice Ajay Digpaul.
- 02IndiGo contends that payments from the engine manufacturer were compensatory for commercial losses, not taxable services.
- 03The tax department classified the payments as consideration for tolerating deficiencies in engine performance, invoking GST under the reverse charge mechanism.
- 04IndiGo has already paid Integrated GST upon importing aircraft and engines, arguing that later payments were not for services rendered.
- 05The next hearing is scheduled after the court vacation, with the airline's financial stability noted as a safeguard for revenue interests.
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The Delhi High Court has intervened in a significant tax dispute involving InterGlobe Aviation, which operates IndiGo Airlines, by restraining tax authorities from taking coercive actions related to a ₹458 crore Goods and Services Tax (GST) demand. The court's Division Bench, led by Justice Nitin Wasudeo Sambre and Justice Ajay Digpaul, observed that the payments received by IndiGo from an overseas aircraft engine manufacturer appeared compensatory in nature rather than a taxable supply under GST law. This dispute arose from payments made after certain aircraft engines developed faults, leading to grounded planes during the 2018-19 and 2019-20 periods. IndiGo argued that these payments, totaling around ₹2,000 crore in credit notes, were not for services but rather to offset losses caused by the engine failures. The tax authorities, however, claimed that the payments were for tolerating deficiencies in engine performance, thus attracting GST. IndiGo's legal counsel pointed out that the payments were purely compensatory and highlighted that the airline had already paid GST on the import of the engines. The High Court has scheduled the next hearing after the court vacation, ensuring no coercive measures against the airline in the interim.
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This ruling provides temporary relief to IndiGo, allowing it to avoid immediate financial strain from tax demands, which could impact its operations and financial health.
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