2024 (10) TMI 1496 - HC - GST

Challenge to SCN calling upon the petitioner to show cause with regard to GST liability under applicable GST laws in respect of both seigniorage fee and turnover from sale of quarried minerals - HELD THAT - Division Bench Judgment in a batch of cases where the lead case is TVL. A. VENKATACHALAM VERSUS THE ASSISTANT COMMISSIONER (ST) 2024 (2) TMI 488 - MADRAS HIGH COURT where it was held that 'it is made clear that there shall be no recovery of GST on royalty until the Nine Judge Constitution Bench takes a decision.' This petition is liable to be disposed of on the same terms as regards the imposition of GST on seigniorage fee. With regard to GST on turnover, the parties shall proceed further in accordance with law.

Summary

The petitioner challenged a show cause notice regarding GST liability for seigniorage fee and mineral sales turnover. The Division Bench directed the petitioner to submit objections within four weeks. Adjudication will be on hold pending a decision by a Nine Judge Constitution Bench on royalty nature. No GST recovery on royalty until then. Petitioner can address grievances after the decision. The petition was disposed of with permission for the petitioner to respond to the notice within four weeks.