Document Fragment View

Matching Fragments

Ltd., Singapore in respect of franchisees located in Nepal, Bangladesh, Sri Lanka, Mauritius etc. Yum applied for license (Duty Credit Scrips) in terms of the SFIS under the applicable foreign trade policies for the financial years 2004-05 to 2010-11. Yum's applications were accepted and it was provided the Duty Credit Scrips in terms of the SFIS. Subsequently, Yum also applied for benefits under the SFIS, for the financial year 2011-12 under the Foreign Trade Policy, 2009-14 (hereafter 'FTP 2009-14'). In response, the respondents called upon Yum to furnish details of its share holding. By a letter dated 11.07.2012, Yum was informed that its application was rejected for the following reasons:-

"YUM BRAND IS NOT A ESSENTIALLY INDIAN BRANDS.
THE NAME OF COMPANY REPRESENTS BRAND NOT ESSENTIALLY IDENTIFIED AS INDIAN BRAND THEREFORE. YOU CLAIM REJECTED IN TERMS OF PARA 3.12.2 OF FTP -2009-2014."

4.2 Thereafter, Yum was issued communications dated 30.05.2013 and 17.06.2013, inter alia, stating that the Duty Credit Scrips (License) granted to Yum were in contradiction of the objective of the SFIS; Yum was called upon to refund the amount of the Duty Credit Scrips granted earlier and settle the issue. Yum has also impugned the said communications dated 30.05.2013 and 17.06.2013.

4.3 E.I. DuPont India Pvt. Ltd. (the petitioner in W.P.(C) 1663/2012 - hereafter 'DuPont') is engaged in providing wide range of services in varied market segments including agriculture, food and nutrition, healthcare, home and construction, electronics etc. DuPont applied for license (Duty Credit Scrips) for the financial year 2003-04 to 2008-09 in terms of the SFIS as envisaged under the Foreign Trade Policy 2004-09 (hereafter 'FTP 2004-09'). DuPont's applications were accepted and it was granted the Duty Credit Scrips in terms of the SFIS. Subsequently, by letter dated 22.04.2009, DuPont was informed that its claim for SFIS benefits was rejected for the following reasons:-

4.4 M/s Nokia Solutions and Networks India Pvt. Ltd. (the petitioner in W.P.(C) 6800/2013 - hereafter referred to as 'Nokia') is, inter alia, engaged in manufacture and distribution of telecom infrastructure equipment and provision of wide range of services in telecommunications sector. Nokia applied for licenses (Duty Credit Scrips) in terms of the SFIS under the applicable foreign trade policies (FTP 2004-09 and FTP 2009-14) for the financial years 2009-10. Nokia's applications were accepted and it was provided the Duty Credit Scrips in terms of the SFIS. These were sought to be withdrawn by a letter dated 07.12.2010; Nokia was informed that the Duty Credit Scrips were "issued inadvertently without approval of competent authority" and was directed to "submit the original licenses within a period of 10 days."