9911796707
TMI Blog1988 (3) TMI 274X X X X Extracts X X X X X X X X Extracts X X X X ..... 1,34,028/- and sought clearance against Serial No. 5 of Appendix 6 of Import Policy 1985-88. The Customs objected to the clearance on the ground that the importer is a private Nursing Home not recognised by State or Central Government and as such not entitled to import equipments and instruments. Since the Importers waived written show cause notice, the Collector, who adjudged confiscation after affording personal hearing, ordered confiscation of both the items but allowed redemption on payment of fine of Rs. 6,000/- and Rs. 25,000/- respectively. 2. Feeling aggrieved by the order, as stated earlier, the appellant has come up in appeal. 3. During the hearing of this appeal, Shri Deshpande submitted that the appellant Nursing Home has in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rsing Home given in the Chambers 20th Century Dictionary. Hospital - defined as a hostel for travelers (obs). formerly, a charitable institution for the old or destitute, or for reception (and education) of the needy young and institution for treatment of sick or injured, a building for any of these purposes. The expression Nursing Home is defined as a private hospital . Shri Deshpande submitted that Appendix 6 Item 5 permitted import of the goods in question by the appellant. Since it satisfies as a hospital and it further satisfies as a hospital recognised by State Government. 4. Shri Mondal appearing for the Collector, however, supported the order passed by the Collector. He submitted that all that the appellants were able to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the appellant has to be considered as a hospital since it has indoor facilities for treatment. The Collector in his order, had referred to item 20(1) of Appendix 6. This entry permits hospital or medical institution to import medical, surgical, optical and dental instruments, apparatus and appliances and replacement parts and accessories thereof and dental materials for their own use provided the CIF value of such goods imported shall not exceed Rs. 2 lakhs in a financial year. It is not one of the conditions of this item that the hospital or medical institution should be recognised by State or Central Government. Any hospital or medical institution could import medical, surgical, optical, and dental apparatus and appliances for their own ..... X X X X Extracts X X X X X X X X Extracts X X X X
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