Big Win For Mineral Rich States In Court, Can Collect Past Dues On Royalty

The bench, nonetheless, directed the states to not impose a penalty of any variety on cost of dues.

New Delhi:

The Supreme Court docket as we speak allowed mining-rich states to gather previous dues on royalties from mining firms. The court docket ordered that states can impose levies with impact from April 1, 2005 and the funds can be staggered in 12 years. 

The bench, nonetheless, directed the states to not impose a penalty of any variety on cost of dues.

The Centre has opposed the demand of states for refund of royalty levied on mines and minerals since 1989, saying it is going to affect the residents and the PSUs should empty their coffers by Rs 70,000 crore in keeping with preliminary estimates.

CJI Chandrachud stated this verdict can be signed by eight-judges of the bench who by majority determined the July 25 judgement giving the state’s energy to levy taxes on mineral rights.

He stated that Justice Nagarathna won’t signal Wednesday’s verdict as she had given a dissenting view within the July 25 verdict.

Final month, the Supreme Court docket upheld state governments’ proper to levy royalty on mineral-bearing land, reasoning that they had the competence and energy to take action.

The landmark 8:1 verdict was delivered by a bench led by Chief Justice DY Chandrachud, which dominated ‘royalty’ shouldn’t be the identical as ‘tax’; Justice BV Nagarathna delivered the dissenting verdict.

The decision will profit mineral-rich states like Odisha, Jharkhand, Bengal, Chhattisgarh, Madhya Pradesh, and Rajasthan, as their governments can now cost further levies on mining firms working of their territories.

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