Rain CII Carbon (Vizag) Limited and another Vs Office of the Additional Director General of Foreign Trade (Telangana High Court)
Telangana High Court held that supply of Calcined Pet Coke by domestic calciners to Special Economic Zone [SEZ] is permissible under Foreign Trade Policy, 2023 [FTP] and order dated 15.02.2024 of Commission for Air Quality Management [CAQM]. Accordingly, writ stands disposed of.
Facts- The petitioner Company is engaged in the business of calcined petroleum coke manufacturing CPC from Raw Petroleum Coke. The petitioner Company had applied for issuance of Advance Authorisation for its manufacturing unit located in the domestic tariff area in the Visakhapatnam Port, which has been in operations since 1998 with a CPC production capacity of 0.5 million Tonnes Per Annum and a power co-generation facility of 49 MW.
The petitioners requested the Regional Authority to grant Advance Authorisation against its application dated 31.12.2024. On 05.02.2025, the Regional Authority rejected the Petitioners’ Application for Advance Authorisation. Questioning the impugned rejection order dated 05.02.2025, the petitioners filed the present writ petition.
Conclusion- Held that the respondents earlier permitted the petitioner to export the CPC manufactured by it to SEZ Units and granted advance authorisations to the petitioners on 14.05.2024, 13.08.2024 and 28.10.2024, and in view of the preceding analysis there is no justification in issuing DGFT Notification No.68/2023 dated 07.03.2024 to the extent of revising the policy conditions i.e. 06(b)(iii) import of RPC by calciners and the said revised policy is not in consonance to the CAQM order dated 15.02.2024 passed in pursuance to the Hon’ble Supreme Court order in C. Mehta in W.P. (Civil) No.13029 of 1985 and the Minutes of the Meeting held on 27.03.2024, which is again in consonance to interpretation of policy under Chapter-II of General Provisions Regarding Imports and Exports of Foreign Trade Policy, 2023.
