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)
No Permanent Establishment Unless Proven by the Revenue
The Income Tax Appellate Tribunal (Delhi Bench) recently in the case of SAIC clarified an important principle in international taxation: th...
-
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...
-
The Central Board of Direct Taxes (CBDT) released the Draft Income Tax Rules, 2026 on February 7, 2026. It has invited suggestions and opi...
-
These instructions are guidelines for filling the particulars in this Return Form. In case of any doubt, please refer to relevant provisi...
-
The posting had been move to another website. Please click the link below to get the access of the same. https://taxofindia.wordpress....
-
This Tax Alert summarizes a recent ruling of Customs, Excise and Service Tax Appellate Tribunal, Ahmedabad (CESTAT) [1] . The issue invo...
-
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...
-
On payment of Contractor, Publisher, Ad-Service Provider etc. above Rs. 20000/- in the financial year, then the TDS is must be deducted u...
-
Anna Covaco is trying to sell her ancestral property - a piece of land worth nearly Rs 10 crores in today's market. Being a senior cit...
-
PENSION SCHEME IN CASE OF AN E MPLOYEE JOINING CENTRAL GOVERNMENT OR ANY OTHER EMPLOYER ON OR AFTER JANUARY 1,2004 New pension s che...
No comments:
Post a Comment