Appeal allowed; impugned order quashed as regulator failed to prove nexus or manipulative scheme; sale genuine - s.12A(a)-(c), Regs 3(a)-(d),4(1),4(2)...
Appellant's ring-back tone service held OIDAR, taxable domestically for 01.07.2012-31.07.2016; liability confirmed, penalties vacated, remanded for re...
AAR held that the imported "Power Recliner," a metal structural mechanism fitted inside motor vehicle seats to adjust the backrest angle, is classifiable as a part of seats under Heading 9401, not as a motor vehicle part under Heading 8708. Applying the Specific Heading Principle and Note 2 to Section XVII, the authority held that once seats fall under Heading 9401, their parts are excluded from Section XVII, including Heading 8708. As the Power Recliner is solely and principally designed for use within motor vehicle seats, incapable of independent use, it qualifies as a "part" of seats under CTI 9401 99 00.
AAR held that the imported "Power Recliner," a metal structural mechanism fitted inside motor vehicle seats to adjust the backrest angle, is classifiable as a part of seats under Heading 9401, not as a motor vehicle part under Heading 8708. Applying the Specific Heading Principle and Note 2 to Section XVII, the authority held that once seats fall under Heading 9401, their parts are excluded from Section XVII, including Heading 8708. As the Power Recliner is solely and principally designed for use within motor vehicle seats, incapable of independent use, it qualifies as a "part" of seats under CTI 9401 99 00.
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