x

Like our Facebook Page

   
Early Times Newspaper Jammu, Leading Newspaper Jammu
 
Breaking News :   Double-engine government developing Lucknow as an AI City: CM Yogi | MLA Arvind tours Ward 31, assesses local issues & development works | IGP Jammu stresses innovation and tech-driven policing | Traffic police launches special drive against pressure horn use | Sopore police attach house, poultry farm, land under UAPA | Mahakumbh 2025 creates history: Over 50 crore devotees take holy dip at Triveni Sangam | Nation remembers Pulwama terror attack CRPF martyrs | Airstrikes were fitting reply to terrorists: Shah | CM Omar calls for strengthening emergency services in hospitals | Court awards 27 years RI in POCSO case | 4 convicts get 12 years RI in NDPS case | PM to chair meet, name next CEC | BSF IG discusses border security with LG Sinha | Courts can’t direct legislature to enact law in particular way: SC | Alleged sexual harassment complaint: IPS officer suspended | Soldier hit by gunfire along LoC | J&K 2025-26 Budget to be unveiled on March 7 | Police seize 668 books | Wholesale price inflation eases | Dr Sharma promoted | Night temp improves slightly | Regional Transport Authority Kishtwar issues Route permits | Faith And Devotion | ADC Ansuya Jamwal reviews Mahashivratri preparedness in Jammu | Statehood key to J&K's peace, prosperity: Rattan Lal Gupta | GCW Parade & J&K police organize awareness lecture on New Criminal Laws | MP Gulam Ali discusses Law & Order, FRA implementation with Amit Shah | BIS J&K Branch Office set-up stall at ECO-FEST 2025 celebrating Nature & Sustainability | Court grants seven days police remand of Patwari | ADGP Armed J&K reviews MRT Training, holds Darbar in Samba | Power shut down in several areas | Punjab police busts cross-border smuggling racket, seizes 30 Kg heroin | 'Planned deadlock' in Vidhan Sabhas, parliament not good: Om Birla | J&K High Court Bar Association Jammu pays tribute to Pulwama martyrs | Nation will forever remain indebted to Pulwama martyrs: Kavinder | Five-days Civil Defence Workshop concludes at Shri Ranbir Campus | Udhampur police seize narcotics, crack down on illegal sale of banned drugs | KVK Reasi organises Training Programme on Climate Resilient Agriculture | Health Mela and outreach camp held under NMHP | Labour and Employment Department conducts Awareness and Registration Camp | Rajouri police busts drug racket, arrests kingpin & seizes 6 Kg heroin | Brother of martyr Romesh Lal distributes track suits to students in collaboration with police | Samvedna committed to work for the common man: Keshav Chopra | GDC Neeli Nallah Udhampur students receive Rajya Puraskar from LG | DPS Jammu's Gunsheen Kour wins J&K UT senior Basketball Championship | MCM holds sessions on MBA, and career options after graduation | Dramatic Club, Central University of Jammu presents "Ik Panna Gumnaam" | GGM Science College pays tribute to heroes of Pulwama | GDC RS Pura hosts Preamble Recitation Ceremony | SLCA J&K organizes training for Master Volunteers under Nasha Mukt Bharat Abhiyaan | GDC Ramnagar hosts guest lecture on emerging technologies | Cluster University of Jammu hosts National Seminar on NEP-2020 | Central University of Jammu organises Thursday Mind Meet | Back Issues  
 
news details
Apex Court reserves order
7/31/2024 10:59:31 PM

New Delhi, July 31:

The Supreme Court on Wednesday reserved its order on the issue of whether royalty levied by the Centre on mines and mineral-bearing lands since 1989 will be refunded to the states.
In a significant verdict on July 25, a nine-judge Constitution bench headed by Chief Justice D Y Chandrachud, by a majority 8:1 verdict, had held that the legislative power to tax mineral rights vests with the states and the royalty paid on minerals is not a tax.
The verdict, which gave a huge revenue boost to mineral-rich states, however, led to another dispute with regard to the operation of the verdict.
A nine-judge Constitution bench headed by Chief Justice DY Chandrachud reserved its verdict after hearing the arguments of the Centre, states and mining companies on whether its July 25 verdict giving states legislative competence to impose tax on mineral wealth will have prospective or retrospective effect.
The bench also comprising Justices Hrishikesh Roy, Abhay S Oka, JB Pardiwala, Manoj Misra, Ujjal Bhuyan, Satish Chandra Sharma and Augustine George Masih was told by Solicitor General Tushar Mehta, appearing for the Centre that making the July 25 verdict retrospective will have cascading effects on common person as companies will pass on the financial burden on them.
The Centre opposed the plea of the mineral-rich states seeking refund of the royalty levied by it on mines and mineral-bearing land since 1989, saying any such order asking it to pay the alleged dues with retrospective effect will have a “multipolar” impact.
Senior advocate Rakesh Dwivedi, appearing for Jharkhand mineral development authority, urged the court to make the July 25 verdict retrospective and direct for refund of the royalty in a staggered manner.
Some opposition-ruled mineral-bearing states urged the top court to make the verdict operational with retrospective effect so that they can seek refund of royalty from the Centre.
However, the Centre opposes any such order saying it will have a “multipolar impact.
Many firms involved in mining activities also support the Centre’s view on refund of royalty to mineral-bearing states.
The Solicitor General said states like Madhya Pradesh and Rajasthan, which are ruled by the BJP, wanted the judgement to be made applicable prospectively.
The BJP-ruled Odisha government did not take any clear stand despite being prodded by the bench and the counsel appearing for the state only said they don’t want the exchequer to feel the burden.
The 200-page majority verdict was penned by the CJI for himself and on behalf of the bench said, “Royalty is not a tax. Royalty is a contractual consideration paid by the mining lessee to the lessor for enjoyment of mineral rights. The liability to pay royalty arises out of the contractual conditions of the mining lease. The payments made to the government cannot be deemed to be a tax merely because the statute provides for their recovery as arrears.”
However, Justice B V Nagarathna had dissented and said the Centre has the power to levy royalty. (Agencies)
  Share This News with Your Friends on Social Network  
  Comment on this Story  
 
 
 
Early Times Android App
STOCK UPDATE
  
BSE Sensex
NSE Nifty
 
CRICKET UPDATE
 
 
 
 
 
 
 
 
   
Home About Us Top Stories Local News National News Sports News Opinion Editorial ET Cetra Advertise with Us ET E-paper
 
 
J&K RELATED WEBSITES
J&K Govt. Official website
Jammu Kashmir Tourism
JKTDC
Mata Vaishnodevi Shrine Board
Shri Amarnath Ji Shrine Board
Shri Shiv Khori Shrine Board
UTILITY
Train Enquiry
IRCTC
Matavaishnodevi
BSNL
Jammu Kashmir Bank
State Bank of India
PUBLIC INTEREST
Passport Department
Income Tax Department
JK CAMPA
JK GAD
IT Education
Web Site Design Services
EDUCATION
Jammu University
Jammu University Results
JKBOSE
Kashmir University
IGNOU Jammu Center
SMVDU