S. Muralidhar, J.

1. Does the sale of a residential building against the payment in free foreign exchange amount to `service' for the purposes of the grant of a Duty Free Credit Entitlement (DFCE) Certificate (duty free scrip) under the Served From India Scheme (`SFIS') announced as part of the Foreign Trade Policy 2004-09 (`FTP 2004-09')? This is the principal question that arises for consideration in the present writ petition, in which the communication dated 25/26th June 2008 issued by the Joint Director General of Foreign Trade (JDGFT) answering the question in negative has been challenged by the Petitioner DLF Ltd. The other questions are whether the duty free scrip is a licence within the meaning of Section 2 (g) of the Foreign Trade (Development and Regulation) Act 1992 and whether the show cause notices dated 16th July 2007 sent to the Petitioner by the JDGFT proposing cancellation of the duty free scrips on the ground of misrepresentation of facts by the Petitioner are liable to be quashed?

Factual Background

2. The Petitioner states that it is a company engaged in development and construction of residential and commercial properties in India and selling them to the customers