https://www.taxtmi.com/caselaws?id=45878 The dominant issue was whether import of a thyristor converter and ceramic wool, as parts of a second-hand temper mill and bright annealing furnace imported under an export-zone permit, contravened the import licence by effectively importing new machinery. The SC held that contravention arises only if, under the guise of second-hand machinery, the importer substantially imports new machinery; a converter constituting a small fraction of value and shown by inspection to be indispensable for the mill's functionality did not alter the machinery's second-hand character, and the Tribunal's contrary reading of the inspection report was unsustainable; consequently, the import of the converter was within the licence. The SC further held that replacing a periodically replaceable component with limited lifespan (ceramic wool) in a second-hand furnace did not require prior board permission and did not convert the furnace into new machinery; consequently, the import was permissible. Appeal allowed. en-us Fri, 30 Mar 2001 00:00:00 +0530 Tue, 06 Jan 2026 19:29:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=45878 The dominant issue was whether import of a thyristor converter and ceramic wool, as parts of a second-hand temper mill and bright annealing furnace imported under an export-zone permit, contravened the import licence by effectively importing new machinery. The SC held that contravention arises only if, under the guise of second-hand machinery, the importer substantially imports new machinery; a converter constituting a small fraction of value and shown by inspection to be indispensable for the mill's functionality did not alter the machinery's second-hand character, and the Tribunal's contrary reading of the inspection report was unsustainable; consequently, the import of the converter was within the licence. The SC further held that replacing a periodically replaceable component with limited lifespan (ceramic wool) in a second-hand furnace did not require prior board permission and did not convert the furnace into new machinery; consequently, the import was permissible. Appeal allowed. Case-Laws Customs Fri, 30 Mar 2001 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=45878