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    <title>2003 (10) TMI 55 - HIGH COURT OF JUDICATURE AT MADRAS</title>
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    <description>Under the Value Based Advance Licence scheme, once the export obligation is shown to have been fulfilled, customs authorities cannot continue to withhold a bank guarantee merely because they are corresponding with licensing authorities. The record indicated that the import was not found objectionable and that the licensing clarification showed no adverse action was pending. Any alleged contravention of licence conditions is for the licensing authorities to examine under the policy framework, not for customs to secure retention of the guarantee after compliance is established. The bank guarantee was therefore ordered to be released.</description>
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      <description>Under the Value Based Advance Licence scheme, once the export obligation is shown to have been fulfilled, customs authorities cannot continue to withhold a bank guarantee merely because they are corresponding with licensing authorities. The record indicated that the import was not found objectionable and that the licensing clarification showed no adverse action was pending. Any alleged contravention of licence conditions is for the licensing authorities to examine under the policy framework, not for customs to secure retention of the guarantee after compliance is established. The bank guarantee was therefore ordered to be released.</description>
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