Concessional Basic Customs Duty on Ethernet switches: classification as enterprise switches upheld, challenge dismissed for lack of substantial law qu...
Insolvency petition based on admitted debt and default upheld; challenge for malicious initiation rejected, settlement may proceed under resolution fr...
Quashing of FIR and challenge to ECIR over alleged diversion of funds and preferential ESOP pricing dismissed after prima facie money-laundering findi...
Whether imported arm-and-blade assemblies are complete windscreen wipers or parts: HSN Explanatory Notes define windscreen wipers as motor-driven; absent the motor and drive mechanism the assemblies lack the essential functional character of a complete wiper, so they are classifiable as parts - outcome: classified under CTH 85129000, not CTH 85124000. Application of Rule 2(a) of GIR: Rule 2(a) applies only where the incomplete article substantially represents the complete article; here the absence of the motor (the system's heart) defeats independent functionality, so Rule 2(a) is inapplicable - outcome: cannot treat as complete. Penal liability under s.112(a): mere misclassification without mens rea does not attract penalty; with prior setting aside of confiscation under s.111(m), the penalty is unsustainable and is set aside. - CESTAT
Whether imported arm-and-blade assemblies are complete windscreen wipers or parts: HSN Explanatory Notes define windscreen wipers as motor-driven; absent the motor and drive mechanism the assemblies lack the essential functional character of a complete wiper, so they are classifiable as parts - outcome: classified under CTH 85129000, not CTH 85124000. Application of Rule 2(a) of GIR: Rule 2(a) applies only where the incomplete article substantially represents the complete article; here the absence of the motor (the system's heart) defeats independent functionality, so Rule 2(a) is inapplicable - outcome: cannot treat as complete. Penal liability under s.112(a): mere misclassification without mens rea does not attract penalty; with prior setting aside of confiscation under s.111(m), the penalty is unsustainable and is set aside. - CESTAT
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