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Reopening of assessment cannot rest solely on an audit party's opinion; reassessment under Section 147/148 is impermissible and power of revision shou...
Tested party selection: functional analysis identified the least complex unit as the appropriate tested party, altering the transfer pricing adjustmen...
The sole issue is classification: whether the portable mobile, tablet, wearable and vehicle-mounted computers are portable automatic data processing (ADP) machines under Tariff Item 8471. Applying GRI 1 and Section/Chapter Notes, the authority found the devices meet the statutory ADP criteria (OS permitting diverse applications; programmability; data processing and automated execution) and satisfy subheading 8471 30 (portable, ≤10 kg, CPU, keyboard/display - touchscreen treated as input). Chapter Note 6(D)/(E) exclusions were inapplicable as these are complete ADP machines and data processing is their principal function. Precedent and CBIC guidance were held persuasive; outcome: classified under 84713090. - AAR
The sole issue is classification: whether the portable mobile, tablet, wearable and vehicle-mounted computers are portable automatic data processing (ADP) machines under Tariff Item 8471. Applying GRI 1 and Section/Chapter Notes, the authority found the devices meet the statutory ADP criteria (OS permitting diverse applications; programmability; data processing and automated execution) and satisfy subheading 8471 30 (portable, ≤10 kg, CPU, keyboard/display - touchscreen treated as input). Chapter Note 6(D)/(E) exclusions were inapplicable as these are complete ADP machines and data processing is their principal function. Precedent and CBIC guidance were held persuasive; outcome: classified under 84713090. - AAR
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