EPCG exemption for second-hand textile machinery was upheld...

EPCG exemption for second-hand textile machinery was upheld where the importer held a valid DGFT authorisation, the customs notification contained no year-of-manufacture restriction, and there was no evidence that the notification's conditions were otherwise breached. Fulfilment of the export obligation and redemption of the EPCG licence showed compliance with the scheme. A vintage restriction could not be imported by linking the case to the TUF Scheme, so the duty demand, interest and consequential penalties, including the Director's penalty, were set aside.