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)
Department of Commerce issues clarification on newly inserted Rule 11B of SEZ Rules
This Tax Alert summarizes a recent instruction issued by the SEZ Division, Department of Commerce, clarifying various concerns relating t...
-
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...
-
LEASE-DEED (A brief Introduction) Lease defined. A lease of immovable property is a transfer of a right to enjoy such property, mad...
-
Introduction It's important for taxpayers to have a clear understanding of the available allowances and deductions, as they can grea...
-
· Mumbai ITAT in the case of Mukesh Harilal Mehta held that Exemption U/S 54 cannot be denied merely due to mistake by the developer.
-
Particulars in Part 1 and Part 2 of Step-2 of registration form are required to be exactly the same as reported in the TDS statement. Plea...
-
Earlier this year, the Mauritius Government approved the amendment to the India – Mauritius tax treaty, aligning it with the proposal of th...
-
Slump sale is transfer of one or more business undertakings for a lump sum consideration, without assigning individual values to the each...
-
An eminent concern within the GST framework pertains to the entitlement of Input Tax Credit (ITC) concerning expenditures associated with In...
-
Introduction The law relating to companies is laid down in Companies Act, 2013 and the rules made thereunder and t...
-
Facts · India company has overseas subsidiary companies and there may arise requirement wherein customer execution requires the inv...
No comments:
Post a Comment