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2011 (6) TMI 545 - HC - CustomsUltra vires circular - Served From India Scheme - challenging the policy circular dated 1 January 2008 to the extent that it impacted upon Telecommunication service providers – Held that:- foreign exchange earned cannot be defined as the remittance of foreign exchange less an outflow. Where the policy intended that the concept of the net foreign exchange should be applied it has stipulated so expressly. In the absence thereof, it was wholly impermissible for the DGFT, by means of a policy circular, to direct the implementation of what constitutes clearly an amendment of the policy. circular dated 15 July 2010 in so far as it directs the implementation of the decision taken in the meting of the Policy Interpretation Committee dated 5 July 2010 is ultra vires the Foreign Trade Policy for 2004-09. directions contained in para 3 of the Circular dated 15 July 2010 to reopen the SFIS cases and to make recoveries in accordance with the decision taken at the PIC meeting on 5 July 2010 is quashed and set aside
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