Taxing mines: Big jolt to Centre as SC favours States
Supreme Court held that royalty payable on minerals is not a tax and States have legislative competence to impose taxes on mines and minerals-bearing lands
image for illustrative purpose
Boost To Mineral-Rich States
- Centre levied thousands of crores rupees on mines, minerals
- States urged the top court to make the verdict operational with retrospective effect
- States urge for refund of taxes from Centre
- Jharkhand, Odisha urged apex court to decide on recovery of taxes
New Delhi: In a setback to the Centre, the Supreme Court on Thursday held that royalty payable on minerals is not a tax and States have the legislative competence to impose taxes on mines and minerals-bearing lands. The verdict will give a boost to mineral-rich states like Jharkhand and Odisha as they urged the top court to decide on recovery of taxes worth thousands of crores rupees levied by the Centre on mines and minerals, till now. The States urged the top court to make the verdict operational with retrospective effect to ensure refund of the taxes from the Centre.
However, Solicitor General Tushar Mehta, appearing for the Centre, vehemently opposed the submissions and sought that the verdict be made effective prospectively. A nine-judge bench headed by Chief Justice DY Chandrachud asked the Centre and the States to file written submissions on this aspect, and said that it will decide the issue on July 31. By a majority verdict of 8:1, the nine-judge Constitution bench held that royalty payable on minerals is not a tax.
Chief Justice D Y Chandrachud, who read out the verdict for himself and seven judges of the bench, held that Parliament does not have the power to tax mineral rights under Entry 50 of the List II of the Constitution. Reading the operative part of the majority verdict, the CJI said the 1989 verdict of the apex court’s seven-judge Constitution bench, which had held that royalty is tax, is incorrect.
