Pure-agent exclusion fails where hotel booking facilitators receive third-party services themselves, making entire customer consideration taxable as r...
Transfer pricing requires evidence for AMP transactions, functionally reliable comparables, and appropriate aggregation or Berry Ratio benchmarking me...
Revisionary jurisdiction cannot reopen share capital assessments where adequate inquiry supports a permissible view and no independent error is establ...
Reassessment jurisdiction fails where unverified portal information is aggregated without examining the taxpayer's explanation or relevance of entries...
Statutory sanction for delayed reassessment requires approval from the prescribed authority; approval by an inferior authority invalidates jurisdictio...
Transfer pricing margin adjustments require matching treatment of non-operating income and related costs, with comparability issues reconsidered on ev...
Preliminary-expense amortisation and MAT exempt-income adjustments prevailed, while trademark costs and managerial remuneration require fresh verifica...
Export valuation requires contemporaneous evidence; unrelated invoices cannot prove overvaluation, and dual penalties on firm and partner are impermis...
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Bluetooth wireless earphones, headphones, earbuds and neckbands were classified as headphones or earphones under CTI 8518 30 00 because their objective character and commercial identity fell within the specific eo nomine heading for audio reproduction devices. Bluetooth connectivity was treated as only the means of linking to a device, not as altering the essential nature of the goods into data transmission equipment, so the broader residual heading in 8517 was rejected. The concessional notification linked to CTI 8517 62 90 was therefore unavailable, and the duty demand was sustainable on merits. However, the extended period of limitation was not justified because the dispute was one of classification and intent to evade duty was not established; penalty under section 114A also could not survive. The matter was remitted only for the normal-period demand and consequential interest.
Bluetooth wireless earphones, headphones, earbuds and neckbands were classified as headphones or earphones under CTI 8518 30 00 because their objective character and commercial identity fell within the specific eo nomine heading for audio reproduction devices. Bluetooth connectivity was treated as only the means of linking to a device, not as altering the essential nature of the goods into data transmission equipment, so the broader residual heading in 8517 was rejected. The concessional notification linked to CTI 8517 62 90 was therefore unavailable, and the duty demand was sustainable on merits. However, the extended period of limitation was not justified because the dispute was one of classification and intent to evade duty was not established; penalty under section 114A also could not survive. The matter was remitted only for the normal-period demand and consequential interest.
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