As per Import and Export Policy for the period 2009-2014 mport of second hand goods except capital goods is restricted and special import license is required

Eastron Overseas Inc., Mataji Enterprises & M/s. Celestial Enterprises by bill of entries dated 12.12.2011, 14.12.2011 and 7.12.2011 had asked the Commissioner of Customs at ICD, Tughlakabad, New Delhi to permit and allow import into India of the Data Graphic Display Tubes, which have been imported from Malaysia. It was claimed that these goods could be imported under the open general license.

The petitioner has filed the present writ petition in this Court alleging that the respondent custom authority is delaying the release of the said consignment by taking the plea that the goods imported were old and used and therefore, they are “Electronic Waste”. The petitioners have controverted the said plea and have submitted report of a chartered engineer in support. It is their contention that Data Graphic Display Tubes are not old tubes but are new tubes and they are not refurbished and reconditioned.  

  HIGH COURT OF DELHI

 Date of Decision: 28th February, 2012.

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