M/S. Atul Commodities Pvt. Ltd. & Ors vs Commr. Of Customs, Cochin-9

The Supreme Court addressed the issue of whether the import of second-hand photocopying machines required a license under the Foreign Trade (Development and Regulation) Act, 1992. The Court held that the import of such machines was permissible without a license as they were classified as capital goods under the relevant Foreign Trade Policy. The judgment of the Kerala High Court was set aside, affirming the Tribunal's decision that allowed the appeal in favor of the appellant, thereby establishing that second-hand photocopying machines could be freely imported during the specified period.