Dispute Resolution Panel objections must reach both prescribed forums; otherwise assessment may proceed and statutory appeal remains the proper remedy...
Political contribution deductions require recipient party compliance with contribution-reporting conditions; banking-channel donations alone do not qu...
Aggregation under TNMM prevents selective testing of intra-group services without comparable uncontrolled transactions, while appellate additional cla...
Protective assessment cannot duplicate identical receipts under competing characterisations; remote services did not establish a taxable permanent est...
Current account treatment of overseas tournament services removed most FEMA findings, but excess EEFC remittance and delayed repatriation remained bre...
Modification of bail conditions remains available through inherent jurisdiction where onerous deposits undermine justice and cannot recover disputed d...
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The AAR held that provisionally preserved areca nut (whole) and provisionally preserved areca nut (split) are to be classified under CTH 2008 19 20 'Other roasted nuts & seeds' of Chapter 20, and not under Chapter 8 covering dried fruits and nuts. As per HSN Explanatory Notes, heading 2008 covers nuts dry-roasted, oil-roasted or fat-roasted, whether or not containing additives. The process of roasting is not covered under Chapter Note 3 to Chapter 8. Following the Supreme Court's judgment in Commissioner of Customs & Central Excise v. Phil Corporation Ltd., the AAR concluded that roasted areca nuts are classifiable under heading 2008.
The AAR held that provisionally preserved areca nut (whole) and provisionally preserved areca nut (split) are to be classified under CTH 2008 19 20 'Other roasted nuts & seeds' of Chapter 20, and not under Chapter 8 covering dried fruits and nuts. As per HSN Explanatory Notes, heading 2008 covers nuts dry-roasted, oil-roasted or fat-roasted, whether or not containing additives. The process of roasting is not covered under Chapter Note 3 to Chapter 8. Following the Supreme Court's judgment in Commissioner of Customs & Central Excise v. Phil Corporation Ltd., the AAR concluded that roasted areca nuts are classifiable under heading 2008.
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