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TMI Blog2016 (10) TMI 335X X X X Extracts X X X X X X X X Extracts X X X X ..... of capital goods are freely importable subject to the condition specified in para 2.33 of handbook of Procedures volume 1. As per the said condition, the second hand refurbished / reconditioned spare of capital goods other than those personal computer / personal laptops are freely importable on production of Chartered Engineer certificate that such spares have at least 80% of the residual life of the original spare. Admittedly such a certificate is available on record and there is no dispute about the same. Whether the import of refurbished data graphic display tubes resticted on the basis that specific import authorization from DGFT in terms of Sl. No. I(a)(i) of para 2.17 of Foreign Trade Policy (2009-2014) not produced? Held that: - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gineer after examining the goods declared them as refurbished / re-conditioned goods having a minimum residual life of more than 80% of the new data graphics tubes and estimated residual life of subject goods is about five years. The appellant had submitted NOC issued by the Director of Ministry of Environment and Forests for import of 1,50,000 nos. of refurbished data graphic display tubes, subject to the condition that the defective parts would be re-exported to the origin, but failed to produce the specific import authorization from DGFT in terms of Sl. No. I(a)(i) of para 2.17 of Foreign Trade Policy (2009-2014). No NIDB data of the contemporaneous import for the above said goods were available therefore value was enhanced slightly as p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s that (a) The decision of DGFT shall be final and binding on all matters relating to interpretation of policy, or provision in HBP VI, HBP V2 or classification of any item for import / export policy in the ITC (HC). In as much as in their case the Chartered Engineer has certified that the life of the goods is more than 5 years and the same are having residual life of more than 80% of the new parts certified the condition; that the clarification of the DGFT is very specific on the above issue and should be adopted. 5. However, the above pleas of the assessee were not found favorable and by observing that the tubes in question are similar in construction to television picture tube and the appellant have not produced any evidence or litera ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cond hand item. (b) (b) Free Category (i) Refurbished / re-conditioned spares of capital goods Free Subject to conditions specified in para 2.33 of HBPv1 (ii) All other second hand capital goods Free II. All other second hand goods Restricted 7. As is seen from above, the refurbished / reconditioned spares of capital goods are freely importable subject to the condition specified in para 2.33 of handbook of Procedures volume 1. As per the said condition, the second hand refurbished / recondit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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