Working-capital adjustment determines whether software-services transfer-pricing margins fall within the statutory tolerance range, eliminating any ad...
Permanent establishment deductions upheld for expatriate salaries, direct costs and trading losses, while head-office costs require fresh classificati...
Data transmission equipment classification under CTSH 8517 62 remains distinct from residual classification, with exemption evidence requiring scrutin...
The appellant's self-assessment u/s 17(1) of the Customs Act was rejected, and re-assessment was done u/s 17(4) through Notification No. 12/2021-Customs (ADD) dated 05.03.2021. The Tribunal held that the imported goods, described as 'Color Toner Black' in the Bill of Entry, were excluded from the anti-dumping duty levied on 'black toner in powder form' by the Notification dated 05.03.2021, as it explicitly excluded color toners. A color toner comprises four colors (CMYK), with 'K' denoting black. The Assistant Commissioner and Commissioner (Appeals) erred in failing to appreciate this distinction and the Notification's exclusion of color toners. Consequently, the Commissioner (Appeals)'s order dated 17.11.2022 was set aside, and the appeal was allowed.
The appellant's self-assessment u/s 17(1) of the Customs Act was rejected, and re-assessment was done u/s 17(4) through Notification No. 12/2021-Customs (ADD) dated 05.03.2021. The Tribunal held that the imported goods, described as 'Color Toner Black' in the Bill of Entry, were excluded from the anti-dumping duty levied on 'black toner in powder form' by the Notification dated 05.03.2021, as it explicitly excluded color toners. A color toner comprises four colors (CMYK), with 'K' denoting black. The Assistant Commissioner and Commissioner (Appeals) erred in failing to appreciate this distinction and the Notification's exclusion of color toners. Consequently, the Commissioner (Appeals)'s order dated 17.11.2022 was set aside, and the appeal was allowed.
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