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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 the Central and Himachal Pradesh governments imposing GST on such royalty payments is upheld. The Supreme Court's nine-judge bench ruling in Mineral Area Development Authority & Anr. v. Steel Authority of India & Anr., overruling its earlier decision in India Cement Limited v. State of Tamil Nadu, clarified that royalty is not a tax. Consequently, the respondents are within their rights to levy GST on royalties paid for mining concessions granted by the State. The High Court upholds the impugned orders and notices regarding GST levy on such royalties and dismisses the petition.
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 the Central and Himachal Pradesh governments imposing GST on such royalty payments is upheld. The Supreme Court's nine-judge bench ruling in Mineral Area Development Authority & Anr. v. Steel Authority of India & Anr., overruling its earlier decision in India Cement Limited v. State of Tamil Nadu, clarified that royalty is not a tax. Consequently, the respondents are within their rights to levy GST on royalties paid for mining concessions granted by the State. The High Court upholds the impugned orders and notices regarding GST levy on such royalties and dismisses the petition.
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