TMI Blog2016 (4) TMI 608X X X X Extracts X X X X X X X X Extracts X X X X ..... second hand capital goods, are only restricted. In the present case, it is not disputed by the Revenue that the imported goods are not capital goods being shafts of ships. By virtue of the wordings of para 2.17 of the hand book of procedures under Foreign Trade Policy, the goods imported by the appellant were thus not restricted. Even if it is considered that the shafts were cut into small pieces ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e authority has modified Order-in-original dated 7/2/2013 by imposing a redemption fine of ₹ 2,30,000/- with respect to 125 MT of defective confiscated shafts and imposed penalties of ₹ 1.00 Lakh each with respect to bill of entry No. 1117116/10 dated 10/2/2010 and bill of entry No. 0352116/09 dated 13/01/2010. 2. Shri K.P. Dey, Advocate and Shri H.K. Pandey, Advocate appeared on be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of complete intact defective shafts but in the form of pieces of the shafts as scrap and declared the same under Customs Tariff Heading 84831099. Ld. A.R. strongly defended the order passed by the first appellate authority. 4. Heard both sides and perused the case records. The goods imported by the appellant under bills of entry No. 01117116/10 dated 10/2/10 and bill of entry No. 0352116/09 da ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed/re-conditioned spares shall be allowed freely. However, second hand personal computers/laptops, photocopier machines, air conditioners, diesel generating sets will only be allowed against a licence. Import of re-manufactured goods shall be allowed only against a licence. 4.1 A perusal of the above provisions convey that all second hand goods except second hand capital goods, are only ..... X X X X Extracts X X X X X X X X Extracts X X X X
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