TaxTMI 
TaxTMI 
2021 (4) TMI 695
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....e petitioner and also heard Mr. N. Harinath, learned Assistant Solicitor General of India for respondent No.1; Mr. Suresh Kumar Routhu, learned counsel for respondent No.2 and Mr. M.V.J.K. Kumar, learned standing counsel for respondent No.3 in both the writ petitions. 2. Two cases viz., W.P.No.979 of 2020 and W.P.No.1043 of 2020 are listed together. Mr. Devadatta Kamat, learned Senior Counsel for the petitioner, has submitted that the point involved in both the writ petitions is identical and for the purpose of adjudication, W.P.No.979 of 2020 may be considered. 3. Prayers made in W.P.No.979 of 2020 read as follows: "(A) Issue any Writ, order or orders or direction more particularly one in the nature of a writ of mandamus dec....
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....ecting the representations of the petitioner dated 18 October, 2019 and 22 October 2019 vide impugned Orders No.2 (20)/APSEZ/2017/933, dated 10 February, 2020 and No.2(20)/APSEZ/2017/934 dated 10 February 2020, as arbitrary and illegal, passed without any application of mind and same be set aside." 4. Mr. Devadatta Kamat, learned Senior Counsel, has drawn the attention of the Court to the order dated 10.02.2020, which was passed on the basis of the representation dated 22.10.2019. The subject of the said representation is "Permission for import of Calcined Petroleum Coke for the SEZ Calciner plant". There is another representation dated 18.10.2019 on the subject "Permission for import of Raw Petroleum Coke for the SEZ Calciner plant",....
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.... (a) to enhance/increase the import limit of 1.4 Million MT of Raw Petroleum Coke by an additional amount of 488,000 MT per annum for manufacturing Calcined Petroleum Coke at the Applicant's SEZ Unit and accordingly direct the Directorate General of Foreign Trade and other authorities, including the Ministry of Commerce, to allocate this additional Raw Petroleum Coke to the Applicant; and (b) to enhance/increase the import limit of 0.5 Million MT of Calcined Petroleum Coke by an additional amount of 370,000 MT per annum for blending purposes at the Applicant's SEZ Unit, subject to the condition that the Applicant exports Calcined Petroleum Coke of equivalent quantity of its Calcined Petroleum Coke imports and accordingly, direc....
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....t necessary permissions for importing of Calcined Petroleum Coke (CPC) under Clause 2.46 (Import for Export) of the Foreign Trade Policy 2015- 2020 for Re-export after blending the same with the CPC produced by the Petitioner that is specifically designated for Export by the Petitioner, at the Customs Bonded Warehouse and pass such other orders as this Honble Court deems fit and proper. C) Pass any other further order (s) /direction (s) as this Hon'ble court may deem fit and proper in the fact and circumstances of the case." 8. The said I.As were dismissed along with some other I.As by the Hon'ble Supreme Court on 28.01.2019. The order reads as follows: "Heard learned counsel for the parties. I.A.Nos.168838 and....
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....9 of 1985. 11. Perusal of the application viz., I.A.No.1847 of 2019 filed before the Hon'ble Supreme Court would go to show that the petitioner had highlighted on the aspect relating to an industry in SEZ. Paragraph No.10 of the application reads as follows: "In view of the facts and circumstances as set out hereinabove, it would be necessary, just and proper for this Hon'ble Court to enhance the Import limit of 1.4 Million MT of RPC and 0.5 Million MT of CPC, as stipulated by this Hon'ble Court vide Order dated 9 October, 2018, and permit the Applicant to import 488,000 MT of RPC and 370,000 MT of CPC for manufacturing/blending CPC at its SEZ Unit when the same becomes operational." 12. Though in the order dated 28.01.2019, ....