2009 (2) TMI 18 - SUPREME COURT

Whether Photocopiers were freely importable or required a licence – SCN issued alleging that Used Photocopying Machines were restricted items for import under para 2.17 of the FTP 2004-09 r.w. circular No. 20/05 – LB of tribunal concluded that Used Photocopier Machines are capital goods - hence, import of old & used photocopying machines stands covered by the concept of “second-hand capital goods” – impugned judgment of HC is set aside & decision of the Larger Bench of the Tribunal is restored