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2010 (12) TMI 124 - DELHI HIGH COURTDuty Free Scrip – Does the sale of a residential building against the payment in free foreign exchange amount to "service" for the purposes of the grant of a Duty Free Credit Entitlement Certificate - Petitioner was asked to submit the duty credit scrip dated 9th January 2006 and not to utilise such scrip further till clearance was received from the office of DGFT - Commissioner of Customs, ICG, Tughlakabad issued a show cause notice to the Petitioner on 23rd June 2008 demanding the customs duty of Rs. 7,62,55,947 - Hence their earlier letter has become irrelevant, particularly in light of the usage beyond the GATS filed Whether DFCE certificates are 'licences' under the FTDR Act - In this Act, unless the context otherwise requires -(g) "licence" means a licence to import or export and includes a customs clearance permit and any other permission issued or granted under this Act - The DFCE certificates issued under the SFIS would indeed qualify as licences since they permit the holders of such certificates to avail of duty credit while making subsequent imports of freely importable goods – Held that the two DFCE certificates dated 4th February 2005 and 9th January 2006 are licences within the meaning of Section 2(g) of the FTDR Act - The writ petition is disposed of
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