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    <title>2006 (3) TMI 436 - CESTAT, CHENNAI</title>
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    <description>Second-hand photocopier machines were treated as capital goods in light of the DGFT amending notification and the earlier Larger Bench view, with the position said to be reinforced by the High Court order noted in the text. On that basis, the import was regarded as not requiring a licence at the relevant time. Because the goods were treated as second-hand capital goods, the confiscation order and the penalty were considered prima facie unsustainable, and the importer was held entitled to waiver of pre-deposit and stay of recovery of the penalty.</description>
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