TMI Blog2012 (6) TMI 7X X X X Extracts X X X X X X X X Extracts X X X X ..... y been released by way of the interim orders passed by this Court on finding that goods in question would not fall under the `restricted or prohibited category of goods, as they had been imported under the freely importable category. No licence or permission is needed for such imports, hence, it is found to be appropriate to direct the respondents to adjudicate the matter relating to the goods in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n accessories, parts and consumables for such machines. The petitioners had filed the bills of entry seeking clearance of the second hand capital goods and spares, under the free importability category, in terms of paragraph 2.17, read with paragraph 9.12 of the Foreign Trade Policy, and paragraph 2.33 of the Handbook of Procedures of 2009-14. 4. It has been further stated that some of the imp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The learned counsels appearing on behalf of the petitioners had also submitted that this Court had passed an order, dated 27.2.2012, in W.P.Nos.21732 of 2011 etc. (batch) holding that second hand Digital Multifunction Print and Copying Machines cannot be termed as `hazardous waste', as contented by the respondents therein. Further, it had also been held that the goods in question would not fall u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th Basel No.B 1110 of part B of schedule III to the said Rules, 2008. 7. In view of the submissions made by the learned counsels appearing on behalf of the petitioners, as well as the respondents, and in view of the decision of this Court, dated 27.2.2012, in W.P.Nos.21732 of 2011 etc. (batch), and in view of the fact that the goods had already been released by way of the interim orders passed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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