Transfer-pricing treatment of ITeS margins excludes pass-through tax recoveries and separate delayed-receivables interest after working-capital adjust...
Capacity-utilisation adjustments under TNMM can neutralise substantiated COVID-related idle costs where underutilisation materially affects profitabil...
TNMM functional comparability requires excluding rice manufacturers from a pure Basmati rice trader's benchmark and recognising operating export recei...
Working-capital adjustment subsumes delayed-receivable effects in TNMM benchmarking of captive software-development services, avoiding separate notion...
Transfer-pricing comparability requires exclusion of financially illogical super-profit comparables and correction of unsupported annual-report and ma...
Charitable character assessment preserves Section 80G approval despite inclusive spiritual teachings and incidental religious expenditure within the s...
Penalty proceedings for cash-loan acceptance require assessment proceedings and recorded Assessing Officer satisfaction; absent these, the proceedings...
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SFP and similar transceiver modules were examined for classification under tariff item 8517 62 90 as "machines for the reception, conversion and transmission or regeneration of data" versus 8517 79 90 as "other parts." Relying on the tariff notes that distinguish independent machines from components lacking standalone function, it was held that the modules cannot transmit/receive or regenerate data independently, operate only when fitted in host networking equipment, and lack independent control logic, software, or power source; hence they are not classifiable under 8517 62 90 and are classifiable as parts under 8517 79 90. Since Serial No. 5 of Notification No. 57/2017-Cus grants nil BCD to goods under 8517 79 90 and the exclusions were inapplicable, nil BCD was allowed. - AAR
SFP and similar transceiver modules were examined for classification under tariff item 8517 62 90 as "machines for the reception, conversion and transmission or regeneration of data" versus 8517 79 90 as "other parts." Relying on the tariff notes that distinguish independent machines from components lacking standalone function, it was held that the modules cannot transmit/receive or regenerate data independently, operate only when fitted in host networking equipment, and lack independent control logic, software, or power source; hence they are not classifiable under 8517 62 90 and are classifiable as parts under 8517 79 90. Since Serial No. 5 of Notification No. 57/2017-Cus grants nil BCD to goods under 8517 79 90 and the exclusions were inapplicable, nil BCD was allowed. - AAR
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