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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 ..... onsidered to implement the overall annual import limit of 1.4 Million MT of RPC. Since more than six months of the Financial Year 2018-19 had already expired as on 09.10.2018, it was further decided to limit the import of RPC to 0.7 Million MT for the period between October, 2018 and March, 2019. 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 - 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. There is no reason for the respondents to adjust the RPC imported prior to 30.08.2018 against the allocation for the latter half of the Financial Year 2018-19. It is relevant to bear in mind that the respondents are only implementing the quantitative limit of 1.4 Million MT as directed by the Supreme Court. Admittedly, even if the RPC imported prior to 30.08.2018 is considered, and further import of 0.7 Million MT is fixed for the period between October, 2018 and March, 2019, the total quantity of RPC imported during the Financial Year 2018-19 would be within the o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... PPLNS. FOR DIRECTIONS ON BEAHFL OF KALINGA CALCINER LTD.), IA O. 109784/2018 (APPLNS. FOR DIRECTIONS ON BEHALF OF PETRO CARBON AND CHEMICALS PVT. LTD.), IA NOS. 125492 AND 125493/2018 (APPLNS. FOR IMPLEADMENT AND DIRECTIONS ON B/O INDIA CARBON LTD.)] These applications have been filed by several entities and the CPCB has given a Report dated 4th October, 2018 in which it is stated as follows: i. Raw Petroleum Coke is feed stock for producing calcinated petroleum coke which is a raw material for anode making in aluminium industries. Therefore, calcinations of Raw Petroleum Coke is a pre-requisite to produce anode grade calcined pet coke having sulphur content less than 3.5%. ii. As per BIS guidelines, 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0* 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs 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 26.11.2018, in exercise of the powers under Section 5 of the Foreign Trade (Development Regulation) Act 1992, notifying the procedure to implement the quantitative restrictions imposed on the import of RPC. The said procedure, inter alia, provided that the quantitative restrictions as directed would be implemented on a fiscal year basis, that is, the fiscal year from 01.04.2018 to 31.03.2019 would be considered to implement the overall annual import limit of 1.4 Million MT of RPC. Since more than six months of the Financial Year 2018-19 had already expired as on 09.10.2018, it was further decided to limit the import of RPC to 0.7 Million MT for the period between October, 2018 and March, 2019. The relevant extract of the said Public Notice, indicating the above, is set out below:- The annual quantity limitation in import will be operated on fiscal year basis. Accordi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 13. The aforesaid contention is merited. There is no reason for the respondents to adjust the RPC imported prior to 30.08.2018 against the allocation for the latter half of the Financial Year 2018-19. It is relevant to bear in mind that the respondents are only implementing the quantitative limit of 1.4 Million MT as directed by the Supreme Court. Admittedly, even if the RPC imported prior to 30.08.2018 is considered, and further import of 0.7 Million MT is fixed for the 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 ..... 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