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2014 (9) TMI 523 - HC - CustomsReopneing of cases to reject claim for the benefit under SFIS and to make recoveries - Held that:- The Bombay High Court in its order [2011 (7) TMI 427 - Bombay High Court] 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 quashed and set aside. - Decided in favor of assessee
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