Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
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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