Articles 31st Jul 2024

Royalty Riddle Finally Solved, Upholding States Power to Tax

Authors

Supreme Kothari Partner | Mumbai

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A long-standing issue has finally been resolved by the recent 8 to 1 majority decision of the Hon’ble Supreme Court in the case Mineral Area Development Authority & Anr vs. Steel Authority of India & Anr TS-287-SC-2024-NT]. In this article, our Partner, Supreme Kothari, writes a threadbare analysis, unravelling several associated as well as individual legal nuances involved in this intriguing issue that offers insight into the federal framework of the Indian Constitution. The article has been published in Taxsutra.

The author is of the opinion that the Apex Court’s decision provides a shot in the arm to the States as it upholds States unbridled constitutional power of levying tax on mineral rights and mineral-bearing land, notwithstanding Union’s regulatory control on the subject matter, in terms of the Mines and Minerals (Development and Regulation) Act, 1957 (‘MMDR Act’). He further notes that while the judgment addresses a long-standing dispute, it has the potential of creating a significant imbalance in the realm of key natural resources that hold a significant strategic semblance for India.

Read the article here 

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