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TMI Blog2019 (2) TMI 1392X X X X Extracts X X X X X X X X Extracts X X X X ..... e present petition, inter alia, impugning the Minutes of the Meeting (impugned minutes) held on 12.12.2018, between the officials of the Directorate General of Foreign Trade (DGFT); the Ministry of Environment, Forest and Climate Change; the Ministry of Petroleum and Natural Gas and; the Indian Oil Corporation. The petitioner also impugns a letter dated 01.02.2019 (bearing F No. 01/93/180/03-AM-10/PC-2A/Part-1/Vol- II/P-12495/1186) sent by the DGFT informing the petitioner that it was decided to adjust the eleven consignments of Raw Pet Coke (hereafter 'RPC') cleared by the customs against the quota as allotted to the petitioner no. 1 for the period between October, 2018 and March, 2019. 3. The petitioner is, inter alia, engaged in the man ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ines, calciners are permitted to use high sulphur containing raw petroleum coke for making CPC having sulphur content less than 3.5%. There still be emission of S02 in high concentration (para 1 of results) which needs to be treated in Flue gas desulphurisation system having efficiency of sulphur removal more than 90%. The views expressed by the CPCB have been considered by the Ministry of Environment, Forest and Climate Change which is in agreement with the CPCB. It is stated by learned amicus curiae that the views expressed by the CPCB are also acceptable to EPCA. Consequently, raw pet coke (domestic and imported) can be used as a feedstock for producing calcined pet coke. We make it clear that the imported raw pet coke for this purpo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the firm Date of receipt of application Quantity applied for import Capacity Half the Annual capacity (as indicated in Col.5) in MTs Quantity of Petcoke allocated in MTs 1. Rain CII Carbon (Vizag) Ltd. 3.12.2018 3,52,145 5,00,000* 2,50,000 248871 2. Snvira Industries Ltd. 6.12.2018 1,83,746 2,00,000* 1,00,000 99548 3. Goa Carbon Ltd. 06.12.2018 2,07,900 2,65,000* 1,32,500 131902 4. Kalinga Calciner Ltd. 07.12.2018 42,000 60,000* 30,000 29865 5. India Carbon Ltd. 07.12.2018 37,800 54,000* 27,000 26878 6. Petro Carbon and Chemicals (P) Ltd. 05.12.2018 1,40,616 93,750* 46,875 46663 7. Amritesh Industries (P) Ltd. 06.12.2018 16,800 2800 x 12 = ** 33,600 16,800 16724 8. Brahmaputra Carbon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r: "IA NO. 109181/2018 (APPLN. FOR DIRECTIONS ON BEHALF OF RAIN CII CARBON (VIZAG LTD.) Rain CII Carbon (Vizag) Ltd. Has filed an affidavit pursuant to our order dated 23rd August, 2018. In the affidavit, it is stated that 11 contracts have been entered into on or before 26th July, 2018 for the import of Anode grade raw pet coke. Vessels pertaining to these 11 contracts have already arrived sometime in August, 2018. In view of the orders passed above today, the consignment may be cleared, subject to the overall limit which is 1.4 MT per annum, as mentioned above. Application stands disposed of." 8. In order to implement the directions passed by the Supreme Court, the DGFT issued a Public Notice (Public Notice NO. 50/2015- 2020) dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ioners." 9. The quantitative limit for the import of RPC was incorrectly noted at 0.52 Million MT and the same was rectified by a Public Notice dated 06.12.2018. 10. The respondents are required to implement the quantitative restrictions on the import of RPC and the decision to implement the same on a fiscal year basis cannot be faulted. Since the said decision was rendered by the Supreme Court on 09.10.2018, the respondents in a meeting held on 12.12.2018, have decided to put an overall gap of 0.7 Million MT for the remaining year, namely, October, 2018 to March, 2019. Insofar as this decision is concerned, the same also cannot be interfered with as it was clearly within the jurisdiction of the respondents to determine as to how the over ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... period between October, 2018 and March, 2019, the total quantity of RPC imported during the Financial Year 2018-19 would be within the overall annual cap as fixed by the Supreme Court. 14. There is no rational basis in adjusting the goods that were imported prior to October, 2018 against the allocation for the remaining fiscal year that is, from October, 2018 to 31.03.2019. The said decision as recorded in Paragraph no. 7 of the impugned minutes is unsustainable and is, accordingly, set aside. 15. In view of the above, the present petition is allowed to the extent that the RPC already imported by the petitioner prior to 30.09.2018 shall not be considered against the allocation for the period October, 2018 to 31.03.2019. 16. Order dasti u ..... X X X X Extracts X X X X X X X X Extracts X X X X
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