Classification of parts and accessories of motor vehicles: Rekindling the ‘Nomenclature’?
NITYA Tax Associates is proud to present their recent write-up in the ‘Article’ series on trending Indirect Tax issues. A gist of the next article in the series is as under:
Article 74 – “Classification of parts and accessories of motor vehicles: Rekindling the ‘Nomenclature’?”
The Supreme Court caused immense confusion among taxpayers and Industry experts with its judgment in the case of Westinghouse by solely relying on the test of ‘principal use’ of a product. The judgment suffers from various infirmities and one of them is non-consideration of HSN Explanatory Notes, which include classification on the basis of ‘Nomenclature’. In a recent case of Shiroki, the Supreme Court gave preference to ‘Nomenclature’ over ‘principal use’ and strengthened the grounds for distinguishing the judgment in Westinghouse.
Through this article, Our Partner, Mr. Deepak Suneja, Managing Associate, Ms. Aasmee Mangla and Associate Ms. Rubel Bareja have critically examined whether ‘Nomenclature’ could rescue Automobile Industry from the confusion created by Westinghouse case.
Please on the below link to read our latest article titled “Classification of parts and accessories of motor vehicles: Rekindling the ‘Nomenclature’?”.