Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Indian Laws - Highlights / Catch Notes

Home Highlights November 2024 Year 2024 This

The Supreme Court upheld the validity of the Explanations to ...


Double royalty payment for miners upheld by SC, consultations ordered on cascading effect.

Case Laws     Indian Laws

November 9, 2024

The Supreme Court upheld the validity of the Explanations to Rule 38 of the Mineral (Other than Atomic and Hydrocarbons Energy Minerals) Concession Rules, 2016 and Rule 45 of the Mineral Conservation and Development Rules, 2017, which provide for the computation of royalty without deducting previous royalty payments, contributions to the District Mineral Foundation, and National Mineral Exploration Trust. The Court observed that policy decisions fall within the executive's domain, and courts should refrain from interfering unless the policy is absolutely capricious or illegal. While the Explanations might have onerous monetary implications for mining leaseholders, the Court found no excess of power or statutory breach. The Explanations were deemed clarificatory and within the ambit of the main provisions. However, the Court granted the respondents two months to conclude public consultations and take a final decision on amending the cascading impact of royalty on royalty in calculating the average sale price under the Explanations.

View Source

 


 

You may also like:

  1. Cascading effect in Dividend Distribution Tax removed

  2. The Appellate Tribunal addressed the issue of Tax Deducted at Source (TDS) under section 195, specifically disallowance under section 40(a)(i) for payments labeled as...

  3. Royalty paid by a mineral concession holder for mining concessions granted by the State is subject to GST levy. The constitutional validity of notifications issued by...

  4. The ITAT Ahmedabad addressed Transfer Pricing (TP) adjustments, focusing on royalty, management fees, and IT allocation costs. The tribunal upheld the use of the...

  5. TP Adjustment - Adjustment in the transaction of payment of royalty - Royalty payments made by the subsidiary for using certain intangible properties and services. - The...

  6. The High Court examined whether payments made by an Indian company to its associated entity in the US for supply of computer software constituted "royalty" under the...

  7. The High Court quashed the impugned show cause notice for service tax demand exceeding Rs. 50,00,000/- due to the department's failure to conduct mandatory pre-notice...

  8. Rejection of refund claim - The Tribunal observed that a pre-notice consultation was issued to the appellant, who responded by paying the demanded duty and interest. As...

  9. Reopening of assessment u/s 147 - Earlier, ITAT remanded the matter back requesting the AO to provide reasons for initiating reassessment proceedings. - AO must have...

  10. Levy of entry tax on packing material of tea upheld - SC

  11. TDS u/s 195 - payments by resident Indian end-user to non-resident computer software manufacturers/suppliers - payment for software licenses not royalty under Article 12...

  12. Income accrued in India - royalty receipt - As noted that the definition of royalty under the ITA, prior to amendment in 2012, as well as the DTAAs under consideration...

  13. The case pertains to the valuation of imported goods and the inclusion of royalty payments for determining the transaction value. The key points are: The transaction...

  14. Claim of refund amount on account of double-payment of Customs Duty

  15. Prohibitory order - Order prohibiting creditors to make payment - Recovery of tax u/s 220(1) - HC

 

Quick Updates:Latest Updates