Permanent Establishment and Business Connection: foreign consultancy receipts not attributable where no fixed base or corporate veil piercing establis...
Limitation period commencement and procedural inquiry rules: identity-based limitation upheld; complaints by authorised public servants need not attra...
Imported network interface cards/communication modules were classifiable as "parts" under CTI 8517 70 90, not as machines under CTI 8517 62 90, because an article is not a "part" only if it can perform an independent individual function on a standalone basis; here the goods could not communicate or achieve the intended transmission function unless slotted/assembled and configured with other components, akin to parts that are functionally inseparable from the host apparatus, so the reclassification demand failed. Invocation of the extended limitation period was unsustainable because mere self-assessment and an alleged revenue-motivated classification did not establish willful misstatement or suppression on the facts, so the demand was time-barred; the impugned order was set aside and the appeal allowed. - CESTAT
Imported network interface cards/communication modules were classifiable as "parts" under CTI 8517 70 90, not as machines under CTI 8517 62 90, because an article is not a "part" only if it can perform an independent individual function on a standalone basis; here the goods could not communicate or achieve the intended transmission function unless slotted/assembled and configured with other components, akin to parts that are functionally inseparable from the host apparatus, so the reclassification demand failed. Invocation of the extended limitation period was unsustainable because mere self-assessment and an alleged revenue-motivated classification did not establish willful misstatement or suppression on the facts, so the demand was time-barred; the impugned order was set aside and the appeal allowed. - CESTAT
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