2005 (8) TMI 186

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..... e impugned second-hand re-conditioned Wartsila Vasa Basic Engine valued at Rs. 3.19 Crores as capital goods. The adjudicating Commissioner has rejected the claim of the appellants for considering the impugned engine as capital goods on the ground that it is required for producing electricity and that electricity cannot be considered as goods. His arguments are that the definition of 'goods' under .....

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..... the said definition. 4. Since the impugned engine is undisputedly required for production of electricity which is clearly in the nature of goods, we are of the view that such engine qualifies for import as capital goods without a licence. Accordingly, we set aside the impugned order and allow the appeal with consequential benefit to the appellants. (Pronounced in Court on 3-8-2005) - - .....

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