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2016 (11) TMI 929 - CESTAT HYDERABAD

2016 (11) TMI 929 - CESTAT HYDERABAD - TMI - Whether the goods imported are liable for confiscation as having been imported without license, in contravention of condition laid in Para 2.17 of the FTP? - Held that: - The restriction imposed is the case of MMFD is only from 05/06/2012 onwards as seen from para 2.17 of the FTP. The appellant had imported the goods prior to 05/06/2012. Further the classification description as well as the certificate of the Chartered Engineer shows that the imported .....

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l is whether the goods imported are liable for confiscation as having been imported without license, in contravention of condition laid in Para 2.17 of the FTP. 2. The appellant imported Multi Function Digital Photocopying machines which also function as printer, scanner, Xerox etc. with memory function within them and filed Bill of Entry for clearing the same. The Customs at Hyderabad detained the consignment on the ground that the goods were hazardous substances to be treated as e-waste which .....

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in [2012(286) ELT 545 (Tri. Bang.)] on the ground that the restriction of import for MFD is w.e.f. 05/06/2012 only. The Hon'ble Madras High Court in the case of Sai Graphic Systems Vs. CC, Chennai [2013(289) ELT 423 (Mad.)] has taken similar view. 3. The appellant had filed miscellaneous application No-644/2012 praying to receive additional grounds in the appeal. The appellant thus prayed to include the contention that they had imposed used MFD copiers which had functions as printers, scanne .....

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