2005 (8) TMI 230

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..... Bangalore upholding the order of confiscation and imposition of penalty in respect of second hand medical equipment imported by the appellant, an STP unit, on a temporary basis for the purpose of testing and valuation of software development. The Additional Commissioner has noted that in terms of para 6.3 of the Import-Export Policy, an STP unit requires a separate licence and as the licence has n .....

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..... permits in terms of para 6.3 for import of second hand capital goods, without payment of duty. Para 6.2(b) also lays down that an STP unit may import without payment of duty all types of goods including capital goods as defined in the policy. Obviously both the authorities have failed to go through the relevant paras of the ITC Exim Policy resulting in the confiscation of the impugned goods; whic .....

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