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    <title>2004 (10) TMI 425 - CESTAT, NEW DELHI</title>
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    <description>Imports under the EPCG Scheme were governed by Chapter 5 of the EXIM Policy, which did not impose any age restriction on second-hand capital goods during the relevant period. The age limit for imported machinery was introduced only from 1-3-2003, so that amendment operated prospectively and could not be applied to earlier imports. Where the importer had obtained an DGFT licence and the policy then in force contained no such condition, Customs could not deny concessional EPCG duty on the basis of a later restriction. The denial of the EPCG benefit was therefore unsustainable.</description>
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    <pubDate>Fri, 15 Oct 2004 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=114554</link>
      <description>Imports under the EPCG Scheme were governed by Chapter 5 of the EXIM Policy, which did not impose any age restriction on second-hand capital goods during the relevant period. The age limit for imported machinery was introduced only from 1-3-2003, so that amendment operated prospectively and could not be applied to earlier imports. Where the importer had obtained an DGFT licence and the policy then in force contained no such condition, Customs could not deny concessional EPCG duty on the basis of a later restriction. The denial of the EPCG benefit was therefore unsustainable.</description>
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      <pubDate>Fri, 15 Oct 2004 00:00:00 +0530</pubDate>
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