M/S. ATUL COMMODITIES PVT. LTD. vs COMMR. OF CUSTOMS, COCHIN-9

The Supreme Court addressed the issue of whether second-hand photocopying machines were 'freely importable' or required a license under the Foreign Trade (Development and Regulation) Act, 1992. The Court held that the import of such machines was restricted under para 2.17 of the Foreign Trade Policy 2004-09, which necessitated a license for second-hand goods, thereby upholding the High Court's decision that set aside the Tribunal's ruling in favor of the appellant. The Court emphasized the interpretation of 'capital goods' and the applicability of the relevant policy circulars in determining import restrictions.