Articles 16th Aug 2024

Supreme Court sought balance in mineral extraction judgement but more litigation appears inevitable

Authors

Gopal MundhraPartner | Mumbai
Rajath BharadwajSenior Associate | Mumbai
Priyadarshini ShekhawatAssociate | Mumbai

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Mineral Area Development Authority, a landmark Supreme Court ruling in India redefines mineral royalties as contractual considerations rather than taxes, with retrospective effect from 2005. This decision overturns decades of precedent, allowing states to recover past taxes on mining leases. While offering some concessions, the ruling poses significant financial challenges for the mining industry and related sectors, potentially impacting the entire supply chain and sparking legal disputes. The decision also has implications for ongoing tax litigation and may prompt industry appeals for government intervention to mitigate its effects.

Our Partner, Gopal Mundhra along with his team Rajath Bharadwaj, Senior Associate, Priyadarshini Sekhawat, Associate have co-authored an article, “Supreme Court sought balance in mineral extraction judgement but more litigation appears inevitable” has been published in Moneycontrol.

Read the detailed article here

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