Transfer-pricing treatment of ITeS margins excludes pass-through tax recoveries and separate delayed-receivables interest after working-capital adjust...
Capacity-utilisation adjustments under TNMM can neutralise substantiated COVID-related idle costs where underutilisation materially affects profitabil...
TNMM functional comparability requires excluding rice manufacturers from a pure Basmati rice trader's benchmark and recognising operating export recei...
Working-capital adjustment subsumes delayed-receivable effects in TNMM benchmarking of captive software-development services, avoiding separate notion...
Transfer-pricing comparability requires exclusion of financially illogical super-profit comparables and correction of unsupported annual-report and ma...
Charitable character assessment preserves Section 80G approval despite inclusive spiritual teachings and incidental religious expenditure within the s...
Penalty proceedings for cash-loan acceptance require assessment proceedings and recorded Assessing Officer satisfaction; absent these, the proceedings...
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The CESTAT upheld the classification of the imported Unit Assy BCM and Unit Assy IBU under CTH 9032 8910 rather than CTH 8537 1000. The Tribunal found that these goods function as multi-faceted electronic components primarily for monitoring, controlling, and regulating automotive body electronics, distinguishing them from Programmable Logic Controllers used in industrial automation. The impugned goods automatically monitor parameters and activate warnings or corrective responses without human interface or pre-determined logic control, thus not fitting the definition of industrial process control systems under Heading 85.37. The Board's earlier clarification confirming the distinction between automatic regulating instruments under Heading 90.32 and PLCs under Heading 85.37 was affirmed. Consequently, the appeal challenging the classification was dismissed for lack of merit.
The CESTAT upheld the classification of the imported Unit Assy BCM and Unit Assy IBU under CTH 9032 8910 rather than CTH 8537 1000. The Tribunal found that these goods function as multi-faceted electronic components primarily for monitoring, controlling, and regulating automotive body electronics, distinguishing them from Programmable Logic Controllers used in industrial automation. The impugned goods automatically monitor parameters and activate warnings or corrective responses without human interface or pre-determined logic control, thus not fitting the definition of industrial process control systems under Heading 85.37. The Board's earlier clarification confirming the distinction between automatic regulating instruments under Heading 90.32 and PLCs under Heading 85.37 was affirmed. Consequently, the appeal challenging the classification was dismissed for lack of merit.
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