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)
Section 56(2)(ix): Forfeiture of Advance Money Received – A Critical Analysis
The Dual Conditions for Taxability Section 56(2)(ix) of the Income Tax Act imposes tax liability on sums received as advance or otherwise du...
-
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...
-
Selling a property can trigger a significant tax liability in the form of capital gains tax. However, the Income-tax Act, 1961, allows you...
-
Clarifications from the GST Council The GST Council has recommended the following clarifications on ISD and cross charge:
-
The Indian tax landscape has witnessed several significant judicial pronouncements in recent months. From the Supreme Court to various Hig...
-
The Income-tax Appellate Tribunal has recently notified the Income-tax (Appellate Tribunal) Amendment Rules, 2025, introducing important p...
-
The Goods and Services Tax (GST) regime continues to evolve through judicial interpretations. From the Supreme Court to various High Court...
-
Sr No Due Date Related to Compliance to be made 1 11.07.2026 GST ...
-
In the case of "Maya Gopinathan vs Anoop SB 2024 INSC 334," the Hon'ble Supreme Court provided insightful guidance on the de...
-
For Non-Resident Indians (NRIs) planning to move back home, the relocation is only half the journey. The other half is understanding how t...
-
In a significant development, the Supreme Court has dismissed the Revenue’s Special Leave Petition (SLP) challenging a Bombay High Court (...
No comments:
Post a Comment