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...
The dominant issue was whether imported roller conveyors and sorter conveyors were classifiable as "parts" under Heading 8431 or as conveyors under Heading 8428. Heading 8431 was held inapplicable because it is confined to parts solely or principally suitable for machinery of Headings 8425-8430, whereas the goods are complete, independently operating mechanical units performing distinct functions of moving and sorting goods. Relying on WCO Explanatory Notes and the interpretative principle that independently functional machinery is classified under the heading describing the machine rather than parts provisions, the goods were held classifiable under CTI 84282019 ("Other conveyors"). - AAR
The dominant issue was whether imported roller conveyors and sorter conveyors were classifiable as "parts" under Heading 8431 or as conveyors under Heading 8428. Heading 8431 was held inapplicable because it is confined to parts solely or principally suitable for machinery of Headings 8425-8430, whereas the goods are complete, independently operating mechanical units performing distinct functions of moving and sorting goods. Relying on WCO Explanatory Notes and the interpretative principle that independently functional machinery is classified under the heading describing the machine rather than parts provisions, the goods were held classifiable under CTI 84282019 ("Other conveyors"). - AAR
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