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2019 (2) TMI 1392 - HC - CustomsLimit for import of RPC for the manufacture of CPC - limit of import of RPC restricted to 0.7 Million MT for the period between October, 2018 and March, 2019 - manufacture of Calcined Pet Coke (CPC) - feed stock of RPC required for manufacturing CPC - Held that:- In order to implement the directions passed by the Supreme Court in M.C. MEHTA VERSUS UNION OF INDIA & ORS. [2018 (11) TMI 1352 - SUPREME COURT], stating that RPC could be used as a feedstock for producing CPC, but had clarified that imported RPC for this purpose cannot exceed 1.4 Million Metric Tonnes (MT), the DGFT issued a Public Notice (Public Notice NO. 50/2015- 2020) dated 26.11.2018, and also 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 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 overall annual cap as fixed by the Supreme Court. 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.
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