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    <description>Second-hand diagnostic and testing instruments were treated as capital goods under the Exim Policy because they were used for testing and diagnosis of diseases, and the policy&#039;s inclusive definition of &quot;services&quot; was read broadly rather than restrictively. The view that capital goods must also be useful for research and development was rejected, so no additional research-linked condition was imposed. On that basis, the instruments were regarded as freely importable capital goods rather than restricted second-hand goods requiring a licence, and the stated consequence was that confiscation and penalty under the Customs Act were not attracted.</description>
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