States can collect past tax dues on mineral rights, Supreme Court rejects Centre's plea
4 months, 4 weeks ago

States can collect past tax dues on mineral rights, Supreme Court rejects Centre's plea

Hindustan Times  

The Supreme Court on Wednesday allowed states to collect past dues on royalty on minerals bearing land from Centre, mining companies from April 1, 2005 onwards. The Supreme Court rejected the Centre’s plea for prospective effect of its July 25 verdict, which upheld the power of states to levy tax on mineral rights and mineral-bearing land, and allowed them to seek refund of royalty from April 1, 2005 onwards, news agency PTI reported. CJI Chandrachud said this verdict will be signed by eight-judges of the bench who by majority decided the July 25 judgement giving the state’s power to levy taxes on mineral rights. In a majority 8:1 verdict on July 25, the bench had held that legislative power to tax mineral rights vests with states.

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History of this topic

Himachal Pradesh HC Upholds Levy Of GST On Mining Royalty Payable Under Mining Concession Granted By State
2 months ago

Himachal Pradesh HC Upholds Levy Of GST On Mining Royalty Payable Under Mining Concession Granted By State

Live Law  

The Himachal Pradesh High Court has dismissed a writ petition challenging notifications issued by the Central government for levy of GST on Royalty paid by a Mineral Concession Holder for mining concession granted by the State. A division bench of Acting Chief Justice Tarlok Singh Chauhan and Justice Satyen Vaidya observed that India Cement Ltd. was overruled by a nine-Judge …

Supreme Court agrees to set up Bench to hear pleas of States on recovery of royalty, tax dues on minerals
4 months ago

Supreme Court agrees to set up Bench to hear pleas of States on recovery of royalty, tax dues on minerals

The Hindu  

The Supreme Court on Wednesday said it will set up a Bench to hear subsequent pleas of mineral-rich States like Jharkhand seeking to recover royalty and tax dues on mineral rights and mineral-bearing lands worth thousands of crore of rupees from the Centre and mining firms. In a subsequent order on August 14, the top court clarified that the judgement …

Supreme court lets mineral-rich states out of resource curse
4 months, 3 weeks ago

Supreme court lets mineral-rich states out of resource curse

New Indian Express  

The Supreme Court’s verdict in July allowing states to tax mineral rights and mineral-bearing land has brought in a sense of euphoria among the mineral-rich regions of India. The top court, which clearly defined the line between mineral royalty and tax, made the significant observation that the states’ right to impose taxes with their legislative domain must be secured from …

Mining Tax: Supreme Court declines retrospective application of state tax and royalty on mines
4 months, 4 weeks ago

Mining Tax: Supreme Court declines retrospective application of state tax and royalty on mines

The Hindu  

The Supreme Court on Wednesday declined pleas by assessees, including public sector undertakings, to restrict its July 25 majority judgment, which upheld States’ power to tax mines and minerals rights, to have only prospective effect. The Bench clarified that there would be no interest or penalty imposed on the assessees for tax due from the cut-off date of April 1, …

Supreme Court To Clarify Tomorrow Whether Judgement Upholding Powers Of States To Tax Mineral Rights Be Given Only Prospective Effect
4 months, 4 weeks ago

Supreme Court To Clarify Tomorrow Whether Judgement Upholding Powers Of States To Tax Mineral Rights Be Given Only Prospective Effect

Live Law  

The Supreme Court Constitution Bench will tomorrow pronounce its order clarifying whether its judgment upholding the rights of States to tax mineral rights will apply only prospectively. The Constitution Bench on July 25 held by an 8:1 majority that States have the power to levy tax on mineral rights and that the Union law - Mines and Minerals Act 1957 …

SC to set conditions on retrospective mineral tax ruling to provide clarity
5 months, 1 week ago

SC to set conditions on retrospective mineral tax ruling to provide clarity

Hindustan Times  

The Supreme Court on Wednesday indicated that it would lay down specific conditions regarding the retrospective applicability of its recent ruling, which affirmed the legislative competence of states to levy taxes on minerals and mineral-bearing land in addition to the royalty imposed by the Centre. In 1989, a seven-judge bench ruled in the India Cements case that the Centre held …

Explained: The Supreme Court verdict on states’ right to levy tax on minerals
5 months, 1 week ago

Explained: The Supreme Court verdict on states’ right to levy tax on minerals

Hindustan Times  

In a landmark judgment of Mineral Area Development Authority & Anr. A pivotal point of reference is the India Cement Ltd. v. State of Tamil Nadu, where a seven-judge Bench of the Supreme Court held that royalty, as imposed under the MMDR Act, is a tax and that states lacked the competence to levy taxes on mineral rights. Revisiting the …

Centre opposes Supreme Court plea for mineral royalty refund, cites ‘multipolar’ impact
5 months, 1 week ago

Centre opposes Supreme Court plea for mineral royalty refund, cites ‘multipolar’ impact

Live Mint  

The Centre on Wednesday argued in the Supreme Court against a request from mineral-rich states for a refund of royalty payments made since 1989. The bench, in an 8:1 decision, affirmed that the authority to levy taxes on mineral rights rests with the states, and that royalty payments for minerals are not considered a tax. Opposition-ruled states have requested that …

SC reserves decision on whether its verdict upholding State’s right to tax mineral rights should apply only prospectively
5 months, 1 week ago

SC reserves decision on whether its verdict upholding State’s right to tax mineral rights should apply only prospectively

The Hindu  

A nine-judge Bench of the Supreme Court on July 31 reserved for orders a query raised by the Centre on whether its July 25 judgment upholding the power of State Legislatures to tax mines and minerals rights would be applied retrospectively. Mr. Mehta said allowing States to demand retrospective taxes on mines and minerals rights would have a “cascading effects” …

Editorial on SC judgment on taxing mining activities: Fiscal federalism
5 months, 2 weeks ago

Editorial on SC judgment on taxing mining activities: Fiscal federalism

The Hindu  

It is not often that fiscal federalism finds a prominent place in judicial discourse. The Union government argued that the very existence of its 1957 law was a limitation on the States’ power to tax mineral rights, but Chief Justice of India, Dr. D.Y. The Union was hoping that once royalty was accepted as a tax, it would wholly occupy …

‘Royalty is not tax’, says Supreme Court; frees States from Centre’s restrictions on taxing mining lands and quarries.
5 months, 2 weeks ago

‘Royalty is not tax’, says Supreme Court; frees States from Centre’s restrictions on taxing mining lands and quarries.

The Hindu  

A significant judgment delivered in a 8:1 ratio by a nine-judge Constitution Bench headed by Chief Justice of India D.Y. Chandrachud on July 25 held that the power of State Legislatures to tax mining lands and quarries is not limited by the Parliament’s Mines and Minerals Act of 1957. The majority judgment pronounced by Chief Justice Chandrachud said that State …

Setback to Centre as Supreme Court rules royalty on minerals is not tax
5 months, 2 weeks ago

Setback to Centre as Supreme Court rules royalty on minerals is not tax

Hindustan Times  

In a landmark verdict, the Supreme Court on Thursday dealt a major blow to the Centre ruling that the royalty payable on minerals does not constitute a tax. Chief Justice Chandrachud, reading out the verdict for himself and seven other judges, said that Parliament does not have the power to tax mineral rights under Entry 50 of List II of …

SC upholds right of States to impose taxes on mines, mineral-bearing lands
5 months, 2 weeks ago

SC upholds right of States to impose taxes on mines, mineral-bearing lands

New Indian Express  

NEW DELHI: In a setback to the Centre, the Supreme Court on Thursday held that royalty payable on minerals is not a tax and states have the legislative competence to impose taxes on mines and minerals-bearing lands. The verdict will boost the mineral-rich states like Jharkhand and Odisha as they urged the top court to decide on recovery of taxes …

Is Royalty On Mining Leases Tax? What Are States' Powers To Tax Mineral Rights? Supreme Court 9-Judge Bench Reserves Judgment
9 months, 3 weeks ago

Is Royalty On Mining Leases Tax? What Are States' Powers To Tax Mineral Rights? Supreme Court 9-Judge Bench Reserves Judgment

Live Law  

The Supreme Court 9 judge constitution bench on Thursday reserved its judgment on the issue of whether royalties on mining leases be considered as tax and whether the States have the power to levy royalty/tax on mineral rights. It was further argued by the Mineral Development Authority of the State of UP, asserted that Entry 50 doesn't grant the Union …

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