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...
Classification dispute over imported vitamin concentrates for animal feed focused on whether goods fall under animal feed preparations or chemically defined vitamins. The tribunal applied the common parlance/trade parlance test and held end use is a relevant factor but classification begins with GRI 1, applying headings and chapter notes primarily. Reliance on HSN is permissible only if fully aligned with the First Schedule, limiting HSN where divergences exist. Prior Tribunal authority classifying similar vitamin-containing imports as animal feed preparations under Heading 2309 was followed, resulting in the appeal being disposed in favour of classification as animal feed preparations.
Classification dispute over imported vitamin concentrates for animal feed focused on whether goods fall under animal feed preparations or chemically defined vitamins. The tribunal applied the common parlance/trade parlance test and held end use is a relevant factor but classification begins with GRI 1, applying headings and chapter notes primarily. Reliance on HSN is permissible only if fully aligned with the First Schedule, limiting HSN where divergences exist. Prior Tribunal authority classifying similar vitamin-containing imports as animal feed preparations under Heading 2309 was followed, resulting in the appeal being disposed in favour of classification as animal feed preparations.
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