Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
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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