https://www.taxtmi.com/caselaws?id=756970 Imported machinery and related goods were treated as capital goods, not merely spares and parts, because they fell within the broad Foreign Trade Policy and notification definition and were brought for plant setup under a single contract. The 10% restriction was held applicable only to components, spares and parts of capital goods imported earlier, not to the goods in question. The Chartered Engineer's certificate supported their use and installation, and the earlier decision relied on was considered factually applicable. On that basis, the import qualified for exemption under Notification No. 104/2009-Cus, and the duty demand, confiscation proposal and penalty proposal were not sustainable. en-us Mon, 29 Jul 2024 00:00:00 +0530 Tue, 13 Aug 2024 07:06:42 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=756970 Imported machinery and related goods were treated as capital goods, not merely spares and parts, because they fell within the broad Foreign Trade Policy and notification definition and were brought for plant setup under a single contract. The 10% restriction was held applicable only to components, spares and parts of capital goods imported earlier, not to the goods in question. The Chartered Engineer's certificate supported their use and installation, and the earlier decision relied on was considered factually applicable. On that basis, the import qualified for exemption under Notification No. 104/2009-Cus, and the duty demand, confiscation proposal and penalty proposal were not sustainable. Case-Laws Customs Mon, 29 Jul 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=756970