Development agreements require legal possession or effective enjoyment for capital gains transfer; permissive possession and deferred consideration de...
Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
The disputed goods, "hCG Pregnancy Rapid Test Strip" and "hCG Pregnancy Rapid Test Cassette," are rapid chromatographic immunoassays for detecting hCG in urine to aid early pregnancy detection. They are prepared using agglutinating serum/sera, which provides the essential character and is the most crucial active component on which the test reaction is based. The other components like membrane sheet, plastic cassette, and absorbent are passive, providing stability and shelf life. As the disputed goods are based on agglutinating sera, they deserve classification under CTH 3002 and are eligible for exemption from basic customs duty at a nil rate under the relevant Exemption Notifications. This aligns with the Tribunal's decision in Inter Care, where pregnancy test kits based on agglutinating sera were granted the exemption benefit.
The disputed goods, "hCG Pregnancy Rapid Test Strip" and "hCG Pregnancy Rapid Test Cassette," are rapid chromatographic immunoassays for detecting hCG in urine to aid early pregnancy detection. They are prepared using agglutinating serum/sera, which provides the essential character and is the most crucial active component on which the test reaction is based. The other components like membrane sheet, plastic cassette, and absorbent are passive, providing stability and shelf life. As the disputed goods are based on agglutinating sera, they deserve classification under CTH 3002 and are eligible for exemption from basic customs duty at a nil rate under the relevant Exemption Notifications. This aligns with the Tribunal's decision in Inter Care, where pregnancy test kits based on agglutinating sera were granted the exemption benefit.
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