Writ relief against show cause notices is available where jurisdiction is absent and concluded advance rulings cannot be reopened without fresh fraud ...
The notes address the constitutional validity of rules requiring royalty, DMF and NMET payments to be included in sale value when computing average sale price for iron-ore royalty. The measure is described as a computation mechanism, not a revision of the statutory royalty rate; accordingly, the three-year restriction on rate enhancement does not apply. Its stated purpose is to prevent manipulation of ex-mine prices and despatch data, curb evasion and protect public revenue. The challenge under Articles 14 and 19(1)(g), and under Section 9 of the MMDR Act, was rejected because the measure had a rational connection with the levy and was not manifestly arbitrary. The maintainability and estoppel objections were also rejected.
The notes address the constitutional validity of rules requiring royalty, DMF and NMET payments to be included in sale value when computing average sale price for iron-ore royalty. The measure is described as a computation mechanism, not a revision of the statutory royalty rate; accordingly, the three-year restriction on rate enhancement does not apply. Its stated purpose is to prevent manipulation of ex-mine prices and despatch data, curb evasion and protect public revenue. The challenge under Articles 14 and 19(1)(g), and under Section 9 of the MMDR Act, was rejected because the measure had a rational connection with the levy and was not manifestly arbitrary. The maintainability and estoppel objections were also rejected.
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