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    <title>2016 (4) TMI 608 - CESTAT KOLKATA</title>
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    <description>Defective shafts imported as second hand capital goods were not shown to be restricted goods under para 2.17 of the Foreign Trade Policy Handbook, which allows second hand capital goods freely while restricting other second hand goods. Even on the alternative view that the shafts had been cut into smaller pieces, they would fall within scrap for which no import licence was required. The import was therefore not prohibited or restricted under the policy, and confiscation, redemption fine and penalties were not justified.</description>
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      <description>Defective shafts imported as second hand capital goods were not shown to be restricted goods under para 2.17 of the Foreign Trade Policy Handbook, which allows second hand capital goods freely while restricting other second hand goods. Even on the alternative view that the shafts had been cut into smaller pieces, they would fall within scrap for which no import licence was required. The import was therefore not prohibited or restricted under the policy, and confiscation, redemption fine and penalties were not justified.</description>
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