https://www.taxtmi.com/caselaws?id=449113 Imported used hand tools were treated as capital goods under the Foreign Trade Policy because the definition turns on functionality and utility, not on whether the tools are machine operated or hand operated. The Export Promotion Capital Goods Scheme was read as covering all tools without distinguishing between hand tools and machine tools, and the policy context did not justify restricting such imports. On that basis, the confiscation was not sustainable, and the redemption fine and penalties also failed. en-us Fri, 02 Feb 2024 00:00:00 +0530 Fri, 06 Sep 2024 14:54:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=449113 Imported used hand tools were treated as capital goods under the Foreign Trade Policy because the definition turns on functionality and utility, not on whether the tools are machine operated or hand operated. The Export Promotion Capital Goods Scheme was read as covering all tools without distinguishing between hand tools and machine tools, and the policy context did not justify restricting such imports. On that basis, the confiscation was not sustainable, and the redemption fine and penalties also failed. Case-Laws Customs Fri, 02 Feb 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=449113