9911796707
TMI Blog2014 (9) TMI 523X X X X Extracts X X X X X X X X Extracts X X X X ..... ch reads as under : "14. For these reasons, the Circular dated 15 July 2010 insofar as it directs the implementation of the decisions taken at Serial Nos. 1, 2(b), 4(ii) and 4(iii) of the meeting of the PIC dated 5 July 2010 is ultra vires the Foreign Trade Policy for 2004-09 in its application to Petitioner. Consequently, the directions contained in paragraph 3 of the Circular to reopen the SFIS cases and to make recoveries in accordance with the decisions taken at the PIC meeting of 5 July 2010 is quashed and set aside as regards the implementation of the decision at Serial Nos. 1, 2(b), 4(ii) and 4(iii). All consequential actions shall follow in accordance with the directions contained hereinabove. However, we clarify that it would ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt dated 5/6 July 2011 in Writ Petition No. 932 of 2011. 6. Learned Counsel for the Petitioner thereupon placed on record following summary of Petitioner's SFIS applications : Period Date of Application Amount on Gross Basis (In Crores) Amount on Net Basis (In Crores) (1) (2) (3) (4) 2006-07 07-12-2007 173.9 82.12* 2007-08 12-11-2008 100.17 34.90 2008-09 10-12-2009 86.52 7.46 2009-10 23-12-2010 31.4 13.00 * Entitlement claimed on bet basis for 2006-07. Benefit granted on net basis to the extent of Rs. 81.96 crore, comprising : (i) Rs. 65,96,74,703/- of foreign exchange earned towards services provided as an IILDO/Indian carrier; and (ii) Rs. 16,16,15,297/- towards last mile termination charges paid to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t in its impugned order had held that transmission of data, voice or video utilizing the facility of an optic fibre cable laid by petitioner undersea from a point within India to an overseas destination in one continuous and seamless transaction would constitute a supply of a service from India to any other country, under Foreign Trade Policy. Task of PIC (Policy Interpretation Committee) was to interpret Foreign Trade Policy. In process of constructing the policy, it would not be open to committee or, for that matter, to any administrative authority to modify the policy or amend the policy. Directions in DGFT Policy Circular, to reopen the SFIS cases and to make recoveries in accordance with decisions taken at PIC meeting of 5-7-2010, is q ..... X X X X Extracts X X X X X X X X Extracts X X X X
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