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2019 (1) TMI 1700 - HC - CustomsApplicability of SFIS scheme - Whether the subsidiaries of foreign entities could be considered as Indian Service Providers? HELD THAT:- Insofar as the applicability of FTP 09-14 to Indian Subsidiaries of Foreign Entities is concerned, this Court did not accept the contention of the respondents that such companies were excluded from the benefit of the SFIS Scheme under FTP 09-14. Notwithstanding, the decision of this Court, the respondents did not provide the benefit of the SFIS to the petitioners. The Bombay High Court in Shree Naman Hotels Pvt. Ltd. v. The Union of India [2015 (9) TMI 564 - BOMBAY HIGH COURT] has taken a different view with regard to the applicability of the SFIS under the FTP 09-14. This Court is informed that the said issue is now pending before the Supreme Court in view of the divergence of the opinion between this Court and the Bombay High Court. However, there was no divergence of opinion with regard to the applicability of the FTP 04-09. There can be no dispute that the petitioners are entitled to the benefits as were granted to the petitioners in terms of the SFIS scrips issued to the petitioners - It is stated that the petitioners have thereafter imported certain capital goods by payment of duty and the petitioners pray that directions be issued for refund of the duty already paid. Petition allowed.
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