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2017 (4) TMI 420 - AT - CustomsProhibited goods - import of old and used furniture, not more than 10 years old - confiscation on the ground that import of the goods more than 10 years old was not permitted - the appellants are service provider - Held that: - The term plant would include whatever apparatus is used by a businessman for carrying out his business. The appellants are in business of providing service on financial market like identical in security and funds. In terms of the definition of capital goods provided in the EXIM Policy, it can be seen that the capital goods include any plant required for rendering services - In the instant case, the nature of services provided by the appellant is such that even furniture would fall under the category of capital goods used for providing services. In these circumstances, the defence of the appellant that import policy allows import of second hand capital goods has merit - appeal allowed - decided in favor of appellant.
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