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Archive: 02 January 2023

Posts in 02 January 2023

Display assembly/module merit classification under Sub-heading 85249100

January 2, 2023 1683 Views 0 comment Print

In re Holitech India Pvt. Ltd. (CAAR Delhi) The question under the application for advance ruling relates to classification of goods. Further, it is also observed that Sub-section (b) of section 28E of the Customs Act, 1962 lays down that Advance Ruling means a written decision on any of the questions referred to in section […]

Video projector classifiable under headings 85286900

January 2, 2023 771 Views 0 comment Print

projectors in question are machines working in conjunction with an automatic data processing machine and performing a specific function other than data processing, thus the same merit classification in the headings appropriate to their respective function i.e 85286200.

Classification for Import of Dump Trucks for off-highway use in CKD form for exemption

January 2, 2023 1443 Views 0 comment Print

In re TATA Hitachi Construction Machinery Company Private Limited (CAAR Mumbai) Classification for Import of Dump Trucks for off-highway use in CKD form for exemption under sr.no 524 of Customs Tariff Notification No 50/2017 CAAR hold that the dump truck proposed to be imported by applicant as Completely Knocked Down (CKD) kit contains all the necessary components, […]

CAAR allows TPuS method for goods to be imported from related party suppliers

January 2, 2023 1023 Views 0 comment Print

In re Sick India Pvt. Ltd (CAAR Mumbai) Regarding seeking certainty on consistency with the principles of customs valuation under process called Transfer Price System and steering Concept (TPuS) To summarise, a factual matrix submitted by applicant states that they propose to follow Transfer Pricing System and Steering Concept (TPuS) method also known as Resale […]

Royalty payment to holding company for using brand name is revenue expenditure

January 2, 2023 2856 Views 0 comment Print

ITAT Chennai held that amount of royalty payment to holding company for using brand name is allowable as revenue expenditure.

Principles of audi alteram partem have to be followed by Patent Office while rejecting application: Delhi HC

January 2, 2023 1095 Views 0 comment Print

The Hon’ble Delhi High Court while relying on Hon’ble Supreme Court Judgments observed that has observed that the principles of audi alteram partem have to be followed by the Patent Office while rejecting a patent application.

Addition u/s 68 unsustainable regarding trading liabilities with availability of corresponding purchases

January 2, 2023 2346 Views 0 comment Print

ITAT Kolkata held that liabilities which are incurred as trading liabilities with corresponding purchases cannot be subject matter of addition under section 68 of the Income Tax Act.

Condonation of delay not granted alleging that non-filing of appeal was advised by CA

January 2, 2023 1860 Views 0 comment Print

ITAT Chennai held that there is no material on record that assessee has sought for advice of CA. Affidavit filed by the C.A. stating that assessee was advised not to file an appeal is nothing but an afterthought Accordingly condonation of delay not granted.

Late fee on filing new Bill of Entry as old Bill of Entry got purged is unsustainable

January 2, 2023 3708 Views 0 comment Print

CESTAT Mumbai held that imposing late fee charges on filing of new Bill of Entry, as old Bill of Entry got purged and erased in ICEGATE, is unsustainable in law.

Forfeited commission expense allowable as TDS paid on the same

January 2, 2023 765 Views 0 comment Print

ITAT Delhi held that forfeited for loss of commission or short sales cannot be disallowed as TDS deduction against the same is paid by the appellant in the respective financial year.

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