Allocation of registration charges: contractual clause overriding statutory presumption allowed as deduction against capital gain after unrebutted doc...
Expenditure tied to investments yielding exempt income restricted to attributable costs; broader disallowance disallowed and adjustments to WDV and mi...
Admissibility of Investigative Statements invalidated reliance on coerced emails and valuation redetermination, resulting in set aside of penalties an...
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Imported blood glucose meters and similar diagnostic instruments were held classifiable under Heading 90.27 as instruments for chemical analysis, rather than under the more general medical instruments entry in Heading 90.18. The Tribunal applied the specific-over-general classification principle, followed its earlier view in Bayer Pharmaceuticals and Abbott Healthcare, and noted that view stood affirmed by the Supreme Court. On that basis, the goods were correctly classified under CTI 90278090 and the exemption under Notification No. 24/2005-Cus. was available. The reclassification in the impugned order was rejected, and the differential duty demand and penalty were set aside.
Imported blood glucose meters and similar diagnostic instruments were held classifiable under Heading 90.27 as instruments for chemical analysis, rather than under the more general medical instruments entry in Heading 90.18. The Tribunal applied the specific-over-general classification principle, followed its earlier view in Bayer Pharmaceuticals and Abbott Healthcare, and noted that view stood affirmed by the Supreme Court. On that basis, the goods were correctly classified under CTI 90278090 and the exemption under Notification No. 24/2005-Cus. was available. The reclassification in the impugned order was rejected, and the differential duty demand and penalty were set aside.
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