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)
Gujarat HC upholds levy of GST on corporate guarantee while reads down mandatory 1% valuation where actual consideration is lower
This Tax Alert summarizes a recent ruling of the Gujarat High Court (HC)1 on the taxability of corporate guarantee provided by the Petitio...
-
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 issues before the Bench are - Whether when an expenditure is claimed to have been incurred by an assessee for promotion of his busine...
-
The posting had been move to another website. Please click the link below to get the access of the same. https://taxofindia.wordpress....
-
"whether tds should be deducted u/s 194C for payment made to travel agent for booking of airline tickets by a company for its employee...
-
Any tax, interest, penalty, fine or any other sum payable by virtue of an order passed under the Income Tax Act as specified in the ...
-
This Tax Alert summarizes a recent ruling of the Karnataka High Court (HC) [1] on the constitutional validity of Health Security se Natio...
-
The India-Mauritius DTAA, which entered into force on 1 April 1983, was amended by way of Protocol signed on 10 May 2016 [1] (2016 Protoc...
-
This Tax Alert summarizes a recent ruling of the Delhi High Court (HC) [1] on whether the newly introduced pre-deposit requirement for fi...
-
This Tax Alert summarizes a recent ruling of the Gujarat High Court (HC)1 on the taxability of corporate guarantee provided by the Petitio...
-
The overall effective tax rate of a U.S. multinational corporation may have significant impact on the value of its stock. Therefore, it ...
No comments:
Post a Comment