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 solar pump inverter is classifiable under CTI 8504 40 90 as an inverter and not under CTI 8541 50 00 as other semi-conductor devices, as claimed by the appellant. When the assessment is finalized through the order-in-original, no demand can be raised invoking the extended period of limitation u/s 28 of the Customs Act in the same order. No penalty is imposable u/s 114A of the Customs Act since section 28 does not apply. The appellant is not eligible for exemption from payment of additional duty of customs based on the claimed classification. The impugned order is modified to uphold the classification and finalization of assessment, but set aside the demand u/s 28, interest u/s 28AA, and penalty u/s 114A. The appeal is partly allowed.
The solar pump inverter is classifiable under CTI 8504 40 90 as an inverter and not under CTI 8541 50 00 as other semi-conductor devices, as claimed by the appellant. When the assessment is finalized through the order-in-original, no demand can be raised invoking the extended period of limitation u/s 28 of the Customs Act in the same order. No penalty is imposable u/s 114A of the Customs Act since section 28 does not apply. The appellant is not eligible for exemption from payment of additional duty of customs based on the claimed classification. The impugned order is modified to uphold the classification and finalization of assessment, but set aside the demand u/s 28, interest u/s 28AA, and penalty u/s 114A. The appeal is partly allowed.
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