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 interactive flat panels: tribunal applied GRI 1 and Note 6(A) principles, HSN Explanatory Notes, and common or trade parlance test to determine that the panels are automatic data processing machines classifiable at the four-digit level under CTH 8471, with parts under CTH 8473, rather than as monitors. The tribunal held that end-use was not determinative here, that precedents cited by revenue were distinguishable, and that revenue failed to discharge the burden of proof to reclassify the goods; consequence: original self-assessment sustained and appellant entitled to consequential relief.
Classification dispute over imported interactive flat panels: tribunal applied GRI 1 and Note 6(A) principles, HSN Explanatory Notes, and common or trade parlance test to determine that the panels are automatic data processing machines classifiable at the four-digit level under CTH 8471, with parts under CTH 8473, rather than as monitors. The tribunal held that end-use was not determinative here, that precedents cited by revenue were distinguishable, and that revenue failed to discharge the burden of proof to reclassify the goods; consequence: original self-assessment sustained and appellant entitled to consequential relief.
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