CESTAT
Larger Bench upholds classification of 'Optical Fibre Cables’ (OFC) imported
for use in Telecommunication under CTH 90.01, leviable to customs duty at 10%
under Notification No. 21/2002-Cus; Rejects assessees’ plea that
telecommunication wires and cables are classifiable under CTH 85.44 and OFC in
present case, consist of dual layers of Acrylic Coating over core and cladding
which result in 'individually sheathed fibre', thus satisfying description of
said CTH as well as design, feature and use stated in HSN Explanatory Notes
thereto; Remarks that Tariff does not make distinction between CTH 85.44 and
90.01 on the basis of product use and sole distinction is based on manner in
which fibres are 'sheathed', and that CTH 85.44 is not limited to telecommunication
wires but covers all insulated wires and cables; Holds that simultaneous use of
words “impregnated”, “coated”, “covered” or “sheathed” at various places in
Tariff makes it clear that terms ‘coating’ and ‘sheathing’ have different
meanings, while observing that colouring is solely for identification of fibres
at both ends and no conclusion regarding ‘dual acrylic coating’ constituting
sheath can be arrived basis same; Consequently, concurs with Division Bench
decision in Reliance Communications Infrastructure Ltd. and findings of AAR in
case of Alcatel Ltd., holding that OFCs made of individually sheathed fibres
are only classifiable under CTH 85.44, while others would fall under CTH 90.01
: Mumbai CESTAT
Subscribe to:
Post Comments (Atom)
Delhi HC: No Deemed Gift Tax on Share Buy-Back at Discount
The Delhi High Court in the case of Globe Capital market has ruled that a company’s buy-back of its own shares cannot be taxed under Section...
-
A new website launched for TDS related matters www.tdscpc.gov.in TRACES – T DS R econciliation A nalysis and C orrection E nabling S yste...
-
An eminent concern within the GST framework pertains to the entitlement of Input Tax Credit (ITC) concerning expenditures associated with In...
-
Section 68 -Cash credits Section 69 -Unexplained investments Section 69A - Unexplained money, etc Section 69B -Amount of investme...
-
The posting had been move to another website. Please click the link below to get the access of the same. https://taxofindia.wordpress....
-
The overall effective tax rate of a U.S. multinational corporation may have significant impact on the value of its stock. Therefore, it ...
-
The newly enacted Income Tax Act, 2025, marks a significant step toward simplification by consolidating multiple presumptive taxation sche...
-
There are certain changes in India's tax rules for TDS on payments made to non-residents. The Income Tax Act, 2025 ('ITA 2025'...
-
Recent judicial pronouncements across different forums have clarified several important aspects of Indian income tax law, particularly relat...
-
Vide Notification issued u/s 139(1), the CBDT has extended the ‘due date’ for filing of returns of income for the Assessment Year 2012-13 ...
-
The transition to the Income-tax Act, 2025 (ITA 2025) and the accompanying Income-tax Rules, 2026 introduces a significantly overhauled co...
No comments:
Post a Comment