9911796707
TMI Blog2012 (5) TMI 129X X X X Extracts X X X X X X X X Extracts X X X X ..... in favour of assessee. - WRIT PETITION NO.2003 OF 2011 - - - Dated:- 3-5-2012 - J.P. DEVADHAR AND M.S. SANKLECHA, JJ. Mr. Janak Dwarkadas, senior advocate with Sushant Murthy i/b.Madhur R.Baya for the petitioner. Mr. B.M. Chatterjee with A.S. Rao, Mr. Pradeep S. Jetly for the respondent ORAL JUDGMENT (PER J.P. DEVADHAR, J.) 1. Rule. Rule, returnable forthwith. 2. By consent of the parties, the petition is taken up for final hearing. 3. This petition is filed to challenge the decision of the Policy Interpretation Committee of the DGFT dated 26th November, 2010 and 29th March, 2011 wherein it is held that the petitioner namely, Tata Teleservices (Maharashtra) Ltd. and Tata Consultancy Services Ltd. cannot be c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cation under any of export promotion schemes notified in FTP. 6. In the present case, on 31st March, 2010 the petitioner had requested the Additional DGFT to consider the petitioner company and Tata Consultancy Services Ltd. ('TCS' for short) as a group company under the Foreign Trade Policy and excess exports effected by the TCS be considered for fulfilling the export obligation of the petitioner under the EPCG scheme. By the impugned orders dated 26th November, 2010 and 29th March, 2011, the Policy Interpretation Committee has held that the petitioner and TCS cannot be considered as group companies under para 9.28 of the Foreign Trade Policy. Challenging the aforesaid orders, the present Writ Petition is filed. 7. It is argued by Mr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of TCS. Since the petitioner company does not fulfill any of the above conditions, the petitioner company and TCS cannot be said to be group companies. 9. We have carefully considered the rival submissions. 10. At the outset, it may be noted that neither in the order dated 26th November, 2010 nor in the order dated 29th March, 2011, the Policy Interpretation Committee has assigned any reasons as to why the petitioner company and TCS cannot be considered as group companies. The fact that Policy Interpretation Committee consists of high ranking officers of the Director General of Foreign Trade ('DGFT' for short) and that the interpretation of policy given by the Policy Interpretation Committee is final and binding, it is not open to the ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
