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TMI Blog2018 (2) TMI 1067X X X X Extracts X X X X X X X X Extracts X X X X ..... he DGFT has clarified, as per their circular dt. 06/12/2012, that audio visual equipments imported by the service providers can be considered as capital goods. Such clarification was not available to the adjudicating authority which has lead to the passing of the impugned order - the imported goods will be eligible for clearance without an import licence since they are in the nature of capital ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. We heard Shri Balagopal, learned counsel for the appellant as well as Shri Parashivamurthy, learned AR for the Revenue. 3. The appellant imported used audio systems (loud speakers, amplifiers and accessories) vide Bill of Entry No.4501185 dt. 30/08/2011. The goods on examination were found as declared. But as per para 2.17 of the Foreign Trade Policy, import of all second hand goods, e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed vide their Circular dt. 06/12/2012, that audio visual equipment imported for rendering service would qualify as capital goods. It is his submission that the appellant is engaged in providing service and hence the imported goods are to be considered as capital goods and consequently there is no violation of the Foreign Trade Policy (Para 2.17). Accordingly he pleaded that the impugned order ma ..... X X X X Extracts X X X X X X X X Extracts X X X X
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