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2018 (2) TMI 1504 - AT - CustomsImport of restricted item - old and used ballast wagon for demag - It appeared to Revenue that the same is not capital goods but only accessory and as such, being a second hand used part, was not importable without specific licence as per para 2.17 of the Foreign Trade Policy for the period 2004-09. Held that: - the appellant have imported a second hand spare parts for equipment which enhanced capacity of the existing crane and the same has resulted in modernization or technological upgradation of the existing crane - the same was appropriately imported under the provisions of Foreign Trade Policy 2004-09, as is evident from para 9.2 read with para 9.12 of the Policy. Appeal allowed - decided in favor of appellant.
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