Saturday 27 January 2018

HC : Suspends DGFT's demand notice seeking recovery of SFIS benefits vis-a-vis foreign brands

Delhi HC suspends demand notice issued by DGFT officers seeking recovery of sanctioned SFIS benefits under relevant FTP during the period 2003 to 2014; Demand had been raised pursuant to Bombay HC ruling in Shri. Naman Hotels wherein it was held that SFIS benefits cannot be availed by companies rendering services under foreign brand; Court notes petitioner’s reliance on judgment in Simplex Infrastructure Ltd which had followed Gujarat HC decision in Alstom India Ltd; Petitioner has challenged vires  of Rule 7(3) of Foreign Trade (Development & Regulation) Rules, Para 7(10) of FTP, constitution of Policy Interpretation Committee (PIC) for the period prior to 2012, while pleading that concerned DGFT officers have no jurisdiction to issue such demand notice in contravention of Section 16 of Foreign Trade (Development and Regulation) Act; HC issues notice to Revenue, and lists the matter for hearing on April 9, 2018 : Delhi HC

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