Approved resolution plans extinguish unsubmitted pre-approval tax claims, preventing later recovery outside the insolvency process and preserving a cl...
Transfer pricing comparability requires functional alignment and permits working capital adjustment, while APA margins cannot govern non-covered years...
Treaty benefit, goodwill depreciation and hedging costs: export commission disallowed, while key business deductions and depreciation claims succeeded...
Undisclosed foreign asset classification requires an unexplained source; unrebutted affidavits and corroborative evidence defeated the Black Money Act...
The appellant imported goods known as Tetramethyldodehdronaphto Furan (TF), classified as Aroma Chemicals. The show cause notice sought change in classification on grounds of its use as raw material for manufacturing synthetic perfumery compounds, fragrances, and flavour formulas. The Tribunal held that classification must be determined based on description in tariff headings, chapter and section notes, and rules of interpretation. The imported product, being a mixture of two isomers, is classifiable under Chapter 29 as per Chapter Note 1(b). The order relied on Chapter Note 1(e) to assert that when a product is dissolved in solvents making it suitable only for specific use, it can be taken out of Chapter 29. However, no evidence was produced regarding presence of solvents or suitability for single use. Consequently, the impugned order was set aside, and the appeal was allowed.
The appellant imported goods known as Tetramethyldodehdronaphto Furan (TF), classified as Aroma Chemicals. The show cause notice sought change in classification on grounds of its use as raw material for manufacturing synthetic perfumery compounds, fragrances, and flavour formulas. The Tribunal held that classification must be determined based on description in tariff headings, chapter and section notes, and rules of interpretation. The imported product, being a mixture of two isomers, is classifiable under Chapter 29 as per Chapter Note 1(b). The order relied on Chapter Note 1(e) to assert that when a product is dissolved in solvents making it suitable only for specific use, it can be taken out of Chapter 29. However, no evidence was produced regarding presence of solvents or suitability for single use. Consequently, the impugned order was set aside, and the appeal was allowed.
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