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...
The AAR held that the applicant's AC-DC power modules and DC-DC converter power modules are classifiable under CTH 8504 as static converters. AC-DC power modules are specifically classifiable under CTI 8504 4029 as "other rectifiers," while DC-DC converter power modules fall under CTI 8504 4090 as "other static converters," applying GRI 1, Section Note 2(a) to Section XVI and HSN Explanatory Notes. As the DC-DC converter modules are used in PCBAs for wi-fi receivers, wi-fi transmitters, up-link cards and data-center switches, they qualify as static converters for telecommunication apparatus (other than cellular mobile phones). Accordingly, the AAR ruled that the subject goods are covered by Sl. No. 4 of Notif. No. 25/2005-Cus and are eligible for nil customs duty.
The AAR held that the applicant's AC-DC power modules and DC-DC converter power modules are classifiable under CTH 8504 as static converters. AC-DC power modules are specifically classifiable under CTI 8504 4029 as "other rectifiers," while DC-DC converter power modules fall under CTI 8504 4090 as "other static converters," applying GRI 1, Section Note 2(a) to Section XVI and HSN Explanatory Notes. As the DC-DC converter modules are used in PCBAs for wi-fi receivers, wi-fi transmitters, up-link cards and data-center switches, they qualify as static converters for telecommunication apparatus (other than cellular mobile phones). Accordingly, the AAR ruled that the subject goods are covered by Sl. No. 4 of Notif. No. 25/2005-Cus and are eligible for nil customs duty.
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