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2019 (1) TMI 333 - CESTAT CHENNAIImport of restricted item or not - used machine tools and unmachined tools - restrictions placed as per para 9.12 of the Foreign Trade Policy - Held that:- It is the functionality and utility of the equipments which would qualify for inclusion as ‘capital goods’ for the purpose of para 9.12 of the FTP, or otherwise. Nothing has been brought on record to prove that “hand tools” are not equipment and are not required for manufacture or production either directly or indirectly of goods or for rendering services. This being so, the impugned hand tools will very much come within the scope of “hand tools” for the purpose of para 9.12 of the policy and will then not become restricted for import in terms of para 2.17 of the FTP. Appeal allowed - decided in favor of appellant.
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