https://www.taxtmi.com/caselaws?id=212831 The Served From India Scheme entitled eligible service providers to benefits on free foreign exchange earned, and the Foreign Trade Policy did not adopt a net foreign exchange formula for SFIS. A circular and PIC minutes sought to deny or curtail benefits in three telecom call scenarios by introducing netting-off and by reopening concluded claims. That approach was treated as a substantive change to the policy, not a mere clarification, because the service chain in the international call scenarios fell within the definition of service provider and the earned foreign exchange could not be reduced by importing a concept absent from the policy text. The circular was therefore ultra vires to the extent it required reopening, recovery, and implementation of the disputed directions. en-us Fri, 17 Jun 2011 00:00:00 +0530 Fri, 11 May 2012 13:15:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=212831 The Served From India Scheme entitled eligible service providers to benefits on free foreign exchange earned, and the Foreign Trade Policy did not adopt a net foreign exchange formula for SFIS. A circular and PIC minutes sought to deny or curtail benefits in three telecom call scenarios by introducing netting-off and by reopening concluded claims. That approach was treated as a substantive change to the policy, not a mere clarification, because the service chain in the international call scenarios fell within the definition of service provider and the earned foreign exchange could not be reduced by importing a concept absent from the policy text. The circular was therefore ultra vires to the extent it required reopening, recovery, and implementation of the disputed directions. Case-Laws Customs Fri, 17 Jun 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=212831