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2019 (6) TMI 114 - CESTAT NEW DELHIClassification of imported goods - Fortinet Secured Indore Wireless access point - appellant claims bonafide impression - Whether the Fortinet Secured Indore Wireless access point, the impugned goods, required a licence from Wireless Planning and Coordination Wing of Ministry of Telecommunication i.e. a WPC licence? - HELD THAT:- Though vide latest clarification of DGFT dated 16 April 2019 there is a mention that no separate licence is required from WPC Wing but the said clarification being a post-event than the holding of the impugned goods, we are of the opinion that the same cannot be given retrospective effect. The appellant though has contended that the item as have been held no more require the WPC licence, as being same as that of the goods, mentioned in letter dated 16 April 2019 the benefit may be extended to the appellant also. Keeping in view the said contention but simultaneously the above observations that at the relevant time, the WPC licence was required for wireless products. Also observing that the orders of the authorities below were solely based on a public notice and that we are not the technical person to appreciate the applicability of the clearances to the specifications of the impugned goods. It is deemed appropriate that the samples from the impugned consignment be sent to the Wireless Planning and Coordination Wing of Ministry of Telecommunication. The department shall be giving random four samples to WPC within 15 days of this order. WPC in 15 days thereafter, that is after receiving the said samples, shall give a technical report about the specifications of the impugned goods with a clear finding of the necessity of the WPC licence for the import of the said item at the relevant time. Appeal allowed by way of remand.
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