Transfer-pricing treatment of ITeS margins excludes pass-through tax recoveries and separate delayed-receivables interest after working-capital adjust...
Capacity-utilisation adjustments under TNMM can neutralise substantiated COVID-related idle costs where underutilisation materially affects profitabil...
TNMM functional comparability requires excluding rice manufacturers from a pure Basmati rice trader's benchmark and recognising operating export recei...
Working-capital adjustment subsumes delayed-receivable effects in TNMM benchmarking of captive software-development services, avoiding separate notion...
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Charitable character assessment preserves Section 80G approval despite inclusive spiritual teachings and incidental religious expenditure within the s...
Penalty proceedings for cash-loan acceptance require assessment proceedings and recorded Assessing Officer satisfaction; absent these, the proceedings...
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Transponder, Muxponder, and Optical splitter cards are classified under Customs Tariff Item (CTI) 8517 70 90 as 'parts' and not under CTI 8517 62 90 as 'other communication apparatus'. These cards are not cross-compatible with devices of other manufacturers and are solely usable for predetermined purposes with the main equipment. They have no separable function of their own and require slotting into the chassis to source power and intelligence. Unlike NIC cards, which are distinct and separable, these cards are essential for the main equipment to operate. The Principal Commissioner erred in classifying them as NIC cards. The subject cards are not similar in nature to NIC cards, and any reliance on NIC card classification is misplaced. The impugned order is set aside, and the appeal is allowed.
Transponder, Muxponder, and Optical splitter cards are classified under Customs Tariff Item (CTI) 8517 70 90 as 'parts' and not under CTI 8517 62 90 as 'other communication apparatus'. These cards are not cross-compatible with devices of other manufacturers and are solely usable for predetermined purposes with the main equipment. They have no separable function of their own and require slotting into the chassis to source power and intelligence. Unlike NIC cards, which are distinct and separable, these cards are essential for the main equipment to operate. The Principal Commissioner erred in classifying them as NIC cards. The subject cards are not similar in nature to NIC cards, and any reliance on NIC card classification is misplaced. The impugned order is set aside, and the appeal is allowed.
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