Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
AAR held that the imported "PVT 360A Performance Vector Tester," configured with LTE/5G NR (up to Rel-17), FR1 cellular band coverage, base-station/small-cell transmitter measurements (including EVM, frequency error, output power), MIMO capabilities and production-test integrations, is "specially designed for telecommunications." Applying the specific over residuary rule, and relying on the HSN Explanatory Notes, AAR rejected the department's contention that it is a general-purpose tester classifiable under CTI 9030 89 90. Prior self-assessment under the residuary entry was held non-binding. The instrument was consequently classified under CTI 9030 40 00 of the Customs Tariff Act, 1975.
AAR held that the imported "PVT 360A Performance Vector Tester," configured with LTE/5G NR (up to Rel-17), FR1 cellular band coverage, base-station/small-cell transmitter measurements (including EVM, frequency error, output power), MIMO capabilities and production-test integrations, is "specially designed for telecommunications." Applying the specific over residuary rule, and relying on the HSN Explanatory Notes, AAR rejected the department's contention that it is a general-purpose tester classifiable under CTI 9030 89 90. Prior self-assessment under the residuary entry was held non-binding. The instrument was consequently classified under CTI 9030 40 00 of the Customs Tariff Act, 1975.
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