International transaction characterisation of domestic divestment of support services business rejected; transaction between resident associated enter...
Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
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Handheld mobile barcode scanners with ancillary telephony/Wi-Fi functions were assessed for classification under CTH 84716050 versus CTH 85171300. Applying the principal function rule under Chapter Note 8 to Chapter 84, the Board circular on devices where calling is only supplementary, and the trade parlance test, the tribunal found the goods were predominantly used as barcode scanners for logistics and inventory management. Product design (larger size with handle) and contemporaneous documents (brochures, invoices, packing lists) described them as handheld scanners, and the department produced no evidence that mobile calling was the primary function. Classification as mobile phones was set aside and classification under CTH 84716050 was accepted; appeals were allowed. - CESTAT
Handheld mobile barcode scanners with ancillary telephony/Wi-Fi functions were assessed for classification under CTH 84716050 versus CTH 85171300. Applying the principal function rule under Chapter Note 8 to Chapter 84, the Board circular on devices where calling is only supplementary, and the trade parlance test, the tribunal found the goods were predominantly used as barcode scanners for logistics and inventory management. Product design (larger size with handle) and contemporaneous documents (brochures, invoices, packing lists) described them as handheld scanners, and the department produced no evidence that mobile calling was the primary function. Classification as mobile phones was set aside and classification under CTH 84716050 was accepted; appeals were allowed. - CESTAT
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