Trademark depreciation and section 14A adjustments: ITAT applies consistency, independent book-profit computation, and no disallowance without exempt ...
Rebuttable search presumptions and corroboration standards shaped deletion of unsubstantiated additions, while rental income and limited profit estima...
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Integrated Dynamic Brake was classified under heading 8708 as a motor vehicle part or accessory, with classification under headings 9032, 8413 and 8479 rejected. The product was not an automatic regulating or controlling instrument because it did not independently measure and regulate braking to a preset value, but functioned as part of the vehicle braking mechanism. It was also not classed under 8413, since the pump was only one integrated component and did not give the product its essential character, and not under 8479, because it had no independent function outside vehicle integration. It was held not to be a brake or an essential part of brakes, but an ancillary braking enhancement, so the residual entry 87089900 applied.
Integrated Dynamic Brake was classified under heading 8708 as a motor vehicle part or accessory, with classification under headings 9032, 8413 and 8479 rejected. The product was not an automatic regulating or controlling instrument because it did not independently measure and regulate braking to a preset value, but functioned as part of the vehicle braking mechanism. It was also not classed under 8413, since the pump was only one integrated component and did not give the product its essential character, and not under 8479, because it had no independent function outside vehicle integration. It was held not to be a brake or an essential part of brakes, but an ancillary braking enhancement, so the residual entry 87089900 applied.
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