Case Law Details

Case Name : Yum Restaurants (I) Pvt. Ltd Vs Union of India (Delhi High Court)
Appeal Number : W.P.(C) 7011/2012 & CM 10056/2013
Date of Judgement/Order : 27/01/2015
Related Assessment Year :
Courts : All High Courts (3134) Delhi High Court (948)
CA Sumit Grover

Recently, in case of YUM RESTAURANTS (I) PVT.LTD AND Anr. v. Union of India & Ors, Hon’ble Delhi High Court pronounced that there is no provision in the Foreign Trade Policy which debars an Indian subsidiary of a foreign holding company from availing the benefit of Serve From India Scheme (SFIS).

The Court took the view that the ‘Served from India’ brand can’t be construed to include only brands of Indian Companies, which are recognized as Indian.

Accordingly, it set aside the stand taken by DGFT of disallowing the granting of SFIS to Indian subsidiaries of foreign companies.

Furthermore, the Court also held that though the DGFT is empowered to interpret the foreign trade policy, such powers can be exercised only when the plain language of the policy presents an ambiguity, but it It would not be open for DGFT to introduce new conditions and criteria under the guise of interpreting the policy.

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Category : DGFT (3355)
Type : Judiciary (9637)
Tags : high court judgments (3715)

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