2020 (3) TMI 1423

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....out the business of mining of iron ore in the name M/s Balaji Iron Ore Mine situated at Bandhburu, Village- Balijore, Noamundi Protected Forest Block No. 40 in District Singhbhum West in the state of Jharkhand. The applicant has submitted that:- 1. That M/s Anil Khirwal has the mines under his name w.e.f 09.08.1983, since then this mine was under mining operation for the production of iron ore by the present lessee and the first term of lease expired on 01.05.2002. Out of the total Mining lease area of 22.662 hectares, an area of 3.331 hectares was applied for surrender by the lessee. The renewal application for the reduced area was submitted in due time on 18.04.2001, for a period of 20 years, which is under active consideration with....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ithin the meaning of that term. 4. From the aforesaid provisions of Advance Ruling it is observed that the Applicant is eligible to seek Advance Ruling under Sub-Para (e) i.e determination of the liability to pay tax on any goods or services or both; of Section 97(2) of the CGST/SGST Act, 2017. 5. The Applicant with regard to question has interpreted and submitted that,- 1. That it is stated and submitted that the State Government grants mining rights for extraction of various minerals like iron ore lumps and iron ore fines having HSN Code 26011140, 26011110 etc to business entities. 2. That the business entities are required to discharge GST on a reverse charge basis for the mining rights granted by the Government o....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....icable for such service should be of same rate as applicable for the supply of like goods. The rate of tax on iron ore lumps and iron ore fines 26011140, 26011110 are leviable to GST on their supply at the rate of 5%) . Therefore, reverse charge should be paid at the rate of 5% on royalty. 6. Personal Hearing Proceedings: The Personal hearing of the applicant's Representatives as well as the concerned Jurisdictional Officer was conducted and concluded on 17-01-2020. 7. Findings & Discussions: We have considered the submissions made by the Applicant in their application for Advance Ruling as well as the submissions made by his representative during Personal Hearing. We also considered the questions/issues on which Advance ....