M/S Matri Stone Crusher And Ors vs. Union Of INDIA And Ors

CWP/139/2024HC Himachal PradeshGSTCNR HPHC01053120202304 November 2024Bench: HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN, ACTING CHIEF JUSTICE,HON'BLE MR. JUSTICE SATYEN VAIDYA4 pages
AI SummaryDismissed

Held

The Court held that the question for consideration was whether GST could be levied on royalty paid by a mineral concession holder for mining concessions. The Court noted that the petition was initially based on the Supreme Court judgment in India Cement Ltd. which held royalty to be a tax. However, this judgment has since been overruled by a Nine-Judge Bench of the Supreme Court in Mineral Area Development Authority & anr. vs. M/s Steel Authority of India & anr., 2024 INSC 554. The latter judgment held that royalty is not a tax. Consequently, the Court found that the respondents are within their rights to levy GST on royalty paid by mineral concession holders. The impugned notices and summons were upheld, and the writ petition was dismissed.

Facts

The petitioners, M/s Matri Stone Crusher & ors., filed a writ petition challenging various notifications and notices issued by the respondents (Union of India & ors.) concerning the levy of Goods and Services Tax (GST) on royalty paid by mineral concession holders. The petitioners sought to quash these notifications and notices, arguing that GST cannot be levied on royalty, which they contended is a form of tax. They also sought a refund of GST/Service Tax paid on royalty to date, amounting to Rs. 37,31,918/-, along with interest. The petition was initially based on a Supreme Court judgment declaring royalty as a tax, which had led to a stay on demand for GST on royalty by a Division Bench of this Court.

Key Issues

1. Whether GST can be levied on royalty paid by a mineral concession holder for any mining concession granted by the State, as per Notification No. 11/2017 – Central Tax (Rate) dated 28.06.2017, Notification No. 1/2017-Central Tax (Rate) dated 28.06.2017, and corresponding Himachal Pradesh Government notifications, and Notification No. 27/2018 TFL Central Tax (Rate) dated 31.12.2018 and its Himachal Pradesh counterpart. Petitioner's contention: GST cannot be levied on royalty as royalty is a tax. They relied on the Supreme Court judgment in India Cement Ltd. and ors. vs. State of Tamil Nadu and ors. (19901) 1 SCC 12. Respondent's contention: The respondents argued that they are within their rights to levy GST on royalty.

Sections Cited

Section 70

AI-generated summary — verify with the full judgment below

2024:HHC:10578 IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA

CWP No. 139/2024 Decided on: 4.11.2024

M/s Matri Stone Crusher & ors.

…..Petitioners

Versus

Union of India & ors.

….Respondents

Coram: The Hon’ble Mr. Justice Tarlok Singh Chauhan, Acting Chief Justice. The Hon’ble Mr. Justice Satyen Vaidya, Judge.

Whether approved for reporting?1No

For the Petitioners: Mr. Arvind Sharma, Advocate.

For the Respondents: Mr. Balram Sharma, Dy.S.G.I. with

Mr. Rajeev Sharma, Advocate, for

respondents No. 1 and 3. Mr. Anup Rattan, A.G. with Mr. Rakesh

Dhaulta, Mr. Pranay Pratap Singh,

Mr. Sushant Kaprate, Addl. A.Gs., Mr. Arsh

Rattan and Ms. Priyanka Chauhan, Dy.A.Gs.,

for respondents No.2 and 4. ____________________________________________________________________

Justice Tarlok Singh Chauhan, Acting Chief Justice (oral)

The instant petition has been filed for grant of following substantive reliefs: i. Issue a writ in the nature of Certiorari for quashing the Notification No. 11/2017 – Central Tax (Rate) dated 28.06.201

The judgment continues below.

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