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GST - Highlights / Catch Notes

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Imposition of GST under the reverse charge mechanism on the ...


GST on Mining Royalties: No Recovery Until Constitution Bench Decides on Royalty Nature; Objections Due in Four Weeks.

May 7, 2024

Case Laws     GST     HC

Imposition of GST under the reverse charge mechanism on the mining lease amount paid by the petitioner to the Government (royalty) - The High Court directed the submission of objections/representations by petitioners challenging show cause notices within four weeks. Adjudication is to proceed, with orders being kept in abeyance until a decision by the Nine Judge Constitution Bench on the nature of royalty. Further, no recovery of GST on royalty shall be made until the Nine Judge Constitution Bench decides. Writ petitioners are granted liberty to redress grievances after the outcome of the Nine Judge Constitution Bench decision. Challenge to the notification and circular is open for the petitioners after the outcome of the case before the Nine Judge Constitution Bench.

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