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2013 (1) TMI 474 - BOMBAY HIGH COURTImport against advance license - Whether where the imports are license specific, the imports effected under that particular licenses can be used for the manufacture and export of the final products under another licenses - Assessee had imported 9.10 Crore inner cartons for packing - After packing the same with soap had exported 9.88 Crore cartons by utilizing the imported cartons as well as indigenous cartons Held that:- As concluded from the facts of the case firstly, the Licensing Authority has found that the conditions attached to the said 20 advance licences have been complied with and accordingly granted export obligation discharge certificate in respect of those 20 licences. Secondly, the total quantity of cartons imported is admittedly less than the quantity permitted under the 20 licences and the quantity exported is more than the quantity imported under the 20 licences. Thirdly having not raised any objection at the time of import, the customs authorities are not justified in raising objection after the fulfilment of the export obligation to the satisfaction of the licensing authorities. Moreover, the customs notifications under which the goods in question have been imported, itself permit the manufacturer-importer after fulfilling the export obligation to use the excess imported material in the manufacture and sale of goods under other licenses In favour of assessee
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