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...
The dominant issue was whether certain data projectors were classifiable under tariff item 85286200 as projectors capable of directly connecting to, and designed for use with, an automatic data processing (ADP) system, despite having additional HDMI and USB ports. Relying on the technical literature, the product design and connectors compatible with PCs, and applying GIR 1 with the Explanatory Notes to heading 8528, it was held that the presence of additional ports does not alter the essential design and principal use with ADP machines; accordingly, the goods were classified under 85286200. On the linked issue of exemption, since the goods are principally used in an ADP system of heading 8471 and fall under the specified subheadings, the benefit under Serial No. 17 of Notification No. 24/2005-Cus. was allowed - AAR
The dominant issue was whether certain data projectors were classifiable under tariff item 85286200 as projectors capable of directly connecting to, and designed for use with, an automatic data processing (ADP) system, despite having additional HDMI and USB ports. Relying on the technical literature, the product design and connectors compatible with PCs, and applying GIR 1 with the Explanatory Notes to heading 8528, it was held that the presence of additional ports does not alter the essential design and principal use with ADP machines; accordingly, the goods were classified under 85286200. On the linked issue of exemption, since the goods are principally used in an ADP system of heading 8471 and fall under the specified subheadings, the benefit under Serial No. 17 of Notification No. 24/2005-Cus. was allowed - AAR
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