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TMI BlogRCM on Royalty Payment to GovernmentX X X X Extracts X X X X X X X X Extracts X X X X ..... RCM on Royalty Payment to Government X X X X Extracts X X X X X X X X Extracts X X X X ..... tax or not. So if you can take ITC, pay it. Else pay under protest, for a dispute free stand. Reply By KASTURI SETHI: The Reply: GST is payable on Royalty to Govt. under RCM. This is the present legal position. Payment of tax under protest is the best way to claim refund later on, in case Hon'b'e Supreme Court decides the case in favour of the assessees. Reply By CA VMVSRAO: The Repl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y: Under GST system whether payment can be made under protest. If yes, under which section please Reply By KASTURI SETHI: The Reply: "Under Protest" is covered under Saving Section 174 of CGST Act and it saves Central Excise Act, Central Excise Rules and Finance Act, 1994 (Service Tax laws including Service Tax Rules for Central Govt. as well as assessees. See erstwhile Rule 233 B of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Central Excise Rules, 1944. 'Under Protest' is an integral part of principles of natural justice. Reply By Himansu Sekhar: The Reply: In a FAQ released by Board for the Mining Sector, GST is leviable on Royalty. The case pending before Hon'ble Apex Court is to decide as to whether Royalty is a Tax or not. It will have no bearing during the GST period as per Sec. 15 of the CGST Act. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he rate of Gst on Royalty has also been clarified by GST Council. Hence instead of contesting the Department GST on Royalty should bevdischarged. X X X X Extracts X X X X X X X X Extracts X X X X
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