Service permanent establishment requires non-auxiliary services, while arm's-length distributor remuneration precludes further profit attribution in I...
Make-available condition excludes standard SaaS subscription receipts where customers receive no independently usable technical knowledge after subscr...
Anonymous donation classification fails where charitable trusts maintain undisputed donor identity records and evidence corpus contributions' intended...
Transfer pricing method selection favours TNMM where medical-equipment distribution involves substantial post-import value addition and operational ri...
Rule 2(a) of the General Rules applies only where incomplete or unfinished goods have the essential character of the complete article. The department relied on a Chartered Engineer's report to treat imported mobile phone parts as complete phones, but that report stated the goods were received in disassembled or unassembled condition and still required battery, camera, software and further testing before they could function as complete mobile phones. The later clarification did not conclusively establish communication functionality without approved laboratory testing. The Tribunal held that the department failed to discharge the burden of proving reclassification, so the tariff shift to CTI 8517 14 00/8517 12 19 was unsustainable and the duty, interest, penalty and confiscation were set aside.
Rule 2(a) of the General Rules applies only where incomplete or unfinished goods have the essential character of the complete article. The department relied on a Chartered Engineer's report to treat imported mobile phone parts as complete phones, but that report stated the goods were received in disassembled or unassembled condition and still required battery, camera, software and further testing before they could function as complete mobile phones. The later clarification did not conclusively establish communication functionality without approved laboratory testing. The Tribunal held that the department failed to discharge the burden of proving reclassification, so the tariff shift to CTI 8517 14 00/8517 12 19 was unsustainable and the duty, interest, penalty and confiscation were set aside.
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