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2018 (2) TMI 1506 - AT - CustomsImport of restricted item - two consignments of 3-˝ OD Tubing (seamless pipes) classifiable under CTH 7304 - confiscation - redemption fine - penalty - As per Foreign Trade Policy 2004-2009, import of such goods was allowed ‘free’. However, DGFT vide Notification No.64/2008 dated 24.11.2008 amended the policy which reads as ‘Import Policy for the item ‘Seamless Tubes/Pipes’ under 4 digit Exim Code ‘7403’ will be amended to read as ‘Restricted’ (instead of ‘free’). However, this restriction imposed on import was lifted subsequently by DGFT vide Notification No.81/2008 dated 16.1.2009. Held that: - the appellant-importer has bonafidely imported the said goods and has undertaken effective steps for importing the same when that was freely importable prior to 24.11.2008 and further the restriction imposed under Notification No.64/2008 stood withdrawn vide subsequent Notification No.81/2008 dated 16.1.2009 - There was no restriction both at the time of placing the orders and also when the Bill of Entry was filed subsequently on 16.1.2009. The appellant has also taken effective steps for obtaining licence from the DGFT - appeal allowed - decided in favor of appellant.
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