Articles for Mineral Rights

2024 Round-Up| Constitution Bench Decisions Of Supreme Court
1 day, 12 hours ago

2024 Round-Up| Constitution Bench Decisions Of Supreme Court

Live Law  

The Supreme Court in 2024 held several Constitution Benches to resolve crucial and long pending issues with nationwide socio-legal ramifications. State's Power To Tax Mineral Rights In Mineral Area Development Authority v. M/S Steel Authority Of India & Ors, the Supreme Court held by an 8:1 majority that States have the power to levy tax on mineral rights and that …

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The Mixed Legacy Of CJI DY Chandrachud
1 month, 2 weeks ago

The Mixed Legacy Of CJI DY Chandrachud

Live Law  

Dr. Justice Dhananjaya Yeshwant Chandrachud, who had a relatively long tenure of two years as the Chief Justice of India, held the mantle of the judiciary when the Indian Republic was at a crossroads. Judicial appointments At one point of time during CJI Chandrachud's tenure, there was acrimonious friction between the judiciary and the executive regarding the primacy over judicial …

Delhi Supreme Court Judgment Live Streaming Constitution Court States
Supreme Court agrees to set up Bench to hear pleas of States on recovery of royalty, tax dues on minerals
3 months, 1 week 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 …

Royalty Tax States Jharkhand Centre Bench Dwivedi
Mining Tax: Supreme Court declines retrospective application of state tax and royalty on mines
4 months, 1 week 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 Court Rights States 2024 State Bench
States can collect past tax dues on mineral rights, Supreme Court rejects Centre's plea
4 months, 1 week 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 …

Supreme Court States Verdict Centre Bench Mineral Rights Mineral
Supreme Court To Clarify Tomorrow Whether Judgement Upholding Powers Of States To Tax Mineral Rights Be Given Only Prospective Effect
4 months, 1 week 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 …

India Supreme Court Judgment Court Rights States Bench
SC to set conditions on retrospective mineral tax ruling to provide clarity
4 months, 3 weeks 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 …

India Supreme Court Constitution Court Rights States Jharkhand
Explained: The Supreme Court verdict on states’ right to levy tax on minerals
4 months, 3 weeks 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 …

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Centre opposes Supreme Court plea for mineral royalty refund, cites ‘multipolar’ impact
4 months, 3 weeks 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 …

Supreme Court States Centre Mineral Rights Royalty Payments Mineral Royalty
SC reserves decision on whether its verdict upholding State’s right to tax mineral rights should apply only prospectively
4 months, 3 weeks 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” …

Judgment Constitution Tax Rights States Right Mehta
SC upholds federalism in mining tax ruling
4 months, 3 weeks ago

SC upholds federalism in mining tax ruling

Hindustan Times  

On July 25, a nine-judge bench of the Supreme Court provided a fillip to the much-beleaguered condition of Indian federalism. Through an 8:1 judgment, the Court, in Mineral Area Development Authority v. Steel Authority of India, recognised the power of state governments to levy taxes on mineral rights. The government and a raft of mining corporations argued that the power …

India Constitution Tax Court Rights States Power
Allowing States To Tax Minerals Will Lead To Unhealthy Competition Among Them, Cause Price Rise : Justice Nagarathna In Dissent
4 months, 3 weeks ago

Allowing States To Tax Minerals Will Lead To Unhealthy Competition Among Them, Cause Price Rise : Justice Nagarathna In Dissent

Live Law  

In her 193-page dissent holding royalty charged by the Parliament under Section 9 of the Mines and Minerals Act, 1957 as tax, Justice B.V. Nagarathna has pointed out issues that could adversely impact the mineral development in the country. The specific controversy arose out of the five judge bench in State of West Bengal vs. Kesoram Industries Ltd, which held …

India Royalty Tax States Union Minerals State
Editorial on SC judgment on taxing mining activities: Fiscal federalism
4 months, 3 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 …

Tax Court Rights States Power Parliament Mineral Rights
States' Taxation Powers Must Be Protected From Unconstitutional Interference By Parliament: Supreme Court On 'Fiscal Federalism'
4 months, 4 weeks ago

States' Taxation Powers Must Be Protected From Unconstitutional Interference By Parliament: Supreme Court On 'Fiscal Federalism'

Live Law  

While upholding the power of States to tax mineral rights and mineral-bearing lands, the Supreme Court emphasised the importance of safeguarding the principle of fiscal federalism. "Taxation is among the important sources of revenue for these States, impacting on their ability to deliver welfare schemes and services to the people.Fiscal federalism entails that the power of. "Taxation is among the …

Welfare Schemes Supreme Court Judgment Constitution Court Taxes States
SC grants states power to levy taxes on minerals-bearing lands
4 months, 4 weeks ago

SC grants states power to levy taxes on minerals-bearing lands

Deccan Chronicle  

New Delhi: In a setback to the Centre, the Supreme Court in an 8:1 landmark ruling on Thursday held that royalty envisaged under the Mines and Minerals or MMDR Act 1957 “is not in the nature of tax” and there is no specific provision in the Act that imposes limitations on the power of the states to tax mineral rights. …

Tamil Nadu Development Taxes States Power State List
‘Royalty is not tax’, says Supreme Court; frees States from Centre’s restrictions on taxing mining lands and quarries.
4 months, 4 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 …

Royalty Tamil Nadu Supreme Court Judgment Constitution States Power
Setback to Centre as Supreme Court rules royalty on minerals is not tax
4 months, 4 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 …

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Is Royalty On Mining Leases Tax? What Are States' Powers To Tax Mineral Rights? Supreme Court 9-Judge Bench Reserves Judgment
9 months, 1 week 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 …

Royalty Supreme Court Development Constitution States Mining List
States' Power To Tax Mineral Rights Eclipsed By Union Law On Mineral Development : Harish Salve In Supreme Court [Day 4]
9 months, 2 weeks ago

States' Power To Tax Mineral Rights Eclipsed By Union Law On Mineral Development : Harish Salve In Supreme Court [Day 4]

Live Law  

The Supreme Court on Tuesday resumed its 4th day of hearing the 9-judge constitution bench matter about royalties imposed on mining. Senior Advocate Harish Salve, representing the Eastern Zone Mining Corporation, contended that Entry 50 is sui-generis, and the limitation on taxing power arises from the law of mineral development, not from legislation passed by Parliament. That's the real point.” …

Law Royalty Development Tax Court Rights Power
Biden administration clarifies 1872 Mining Law; says huge Nevada lithium mine can proceed
1 year, 7 months ago

Biden administration clarifies 1872 Mining Law; says huge Nevada lithium mine can proceed

Associated Press  

RENO, Nevada — The Biden administration says it has completed a court-ordered review that should ensure construction continues at a Nevada lithium mine, despite legal challenges brought by conservationists and tribal leaders. At the same time, in a broader response to recent U.S. court rulings that more strictly interpret a Civil War-era mining law, the Interior Department announced Tuesday it …

Interior Land Nevada Land Management Biden Pass Lithium
Cliffs CEO: Minnesota mine will close without mineral rights
2 years, 1 month ago

Cliffs CEO: Minnesota mine will close without mineral rights

Associated Press  

MINNEAPOLIS — The CEO of Cleveland-Cliffs says an iron ore mine in northern Minnesota will close in a few years if it doesn’t get mineral rights from a nearby project that hasn’t been completed. Cleveland-Cliffs CEO Lourenco Goncalves said Thursday that his company needs the rights from the Mesabi Metallics project to keep the operation going, the Star Tribune reported. …

Minnesota Goncalves Mineral Rights Mesabi Metallics Cleveland Cliffs Cliffs Ceo
5 Nine-Judge Bench Matters Pending Before Supreme Court; Oldest One Pending Since 2002
3 years, 3 months ago

5 Nine-Judge Bench Matters Pending Before Supreme Court; Oldest One Pending Since 2002

Live Law  

As per the 'statistics about matters pending in Supreme Court' published last month, there are 5 Nine Judges Bench Matters pending before the Supreme Court.These cases pertains to interpretations of : 'material resources' in Article 39 of Constitution Section 18-G of Industries Act, 'Industries' in Industrial Disputes Act Royalties on. vs M/S Lalta Prasad Vaish This case is about the …

India Supreme Court Matters Constitution Court States Case
Gas drilling firms repel Pennsylvania’s antitrust lawsuit
3 years, 8 months ago

Gas drilling firms repel Pennsylvania’s antitrust lawsuit

Associated Press  

HARRISBURG, Pa. — Pennsylvania’s highest court has delivered a victory for natural gas exploration firms, ruling that the state attorney general’s office doesn’t have authority under state law to sue them on consumer protection grounds over their mineral rights-leasing practices. The landowner is the little guy, the one who is disadvantaged in the transaction.” The office of Attorney General Josh …

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Biden Team Scraps Trump-Era Opinion That Gave Away Tribal Lands
3 years, 9 months ago

Biden Team Scraps Trump-Era Opinion That Gave Away Tribal Lands

Huff Post  

A view of three oil wells and flaring natural gas on the Fort Berthold Indian Reservation near New Town, North Dakota, on Aug. 13, 2014. The Washington Post via Getty Images The Biden administration scrapped a controversial Trump-era legal opinion on Monday that sought to give North Dakota control over a portion of the Missouri River on Native American land. …

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