Facts of the Case
The petitioner, P. Vediramasamy, was carrying on quarry
operations after obtaining the necessary licence/permit under the Tamil Nadu
Minor Mineral Concession Rules, 1959. The licence/permit had been granted for a
period of five years by the District Collector through proceedings in Na.Ka.No.61/Mines/2018
dated 25 January 2019.
The petitioner challenged the notice dated 09 September 2022
issued by the second respondent, the State Tax Officer, and sought issuance of
a Writ of Certiorari to call for the records relating to the impugned notice
and quash the same.
According to the petitioner, the respondents were compelling
registration of the quarry operations under the GST Act, 2017 and requiring
payment of GST on the Seigniorage Fee paid to the Geology and Mining
Department.
The petitioner contended that Seigniorage Fee itself
constituted a tax on quarried minor minerals and, therefore, levy of GST on
such Seigniorage Fee was unsustainable.
The petitioner further relied upon pending proceedings and
judicial authorities concerning the nature of royalty, mining lease payments,
Seigniorage Fee and the permissibility of taxation in relation to minerals.
Issues Involved
- Whether
GST could legally be levied on Seigniorage Fee paid by a quarry operator
to the Geology and Mining Department.
- Whether
Seigniorage Fee, being asserted by the petitioner to constitute a tax on
quarried minor minerals, could again be subjected to GST.
- Whether
the petitioner could rely upon the Supreme Court’s interim order in M/s
Lakhwinder Singh vs Union of India, W.P.(Civil) No. 1076 of 2021,
dated 04 October 2021, concerning payment of GST for grant of mining
lease/royalty.
- Whether
the principle discussed in India Cement Ltd. and Others vs State of
Tamil Nadu and Others, reported in 1990 (1) SCC 12, had relevance to
the petitioner’s challenge concerning levy and collection of tax/sales tax
on minerals.
- What
was the impact of the larger-bench reference concerning the true nature of
royalty/dead rent payable on minerals in Mineral Area Development
Authority etc. vs M/s Steel Authority of India & Others, reported
in 2011 (4) SCC 450.
- Whether
the writ petition was premature because the impugned proceeding dated 09
September 2022 was only a notice and no final adjudication had yet taken
place.
- Whether
coercive recovery proceedings could continue before the petitioner’s
objections to the notice were considered and disposed of.
Petitioner’s Arguments
The petitioner submitted that:
- The
petitioner was lawfully carrying on quarry operations under a valid
licence/permit granted under the Tamil Nadu Minor Mineral Concession
Rules, 1959.
- The
respondents were compelling the petitioner to register the quarry
operations under the GST Act, 2017.
- The
petitioner was being instructed to pay GST on the Seigniorage Fee paid to
the Geology and Mining Department.
- Seigniorage
Fee itself constituted a tax on quarried minor minerals and, consequently,
levy of GST on the same was unsustainable.
- The
legality of levy of GST on Seigniorage Fee was pending consideration
before the Supreme Court in M/s Lakhwinder Singh vs Union of India,
W.P.(Civil) No. 1076 of 2021, dated 04 October 2021.
- The
Supreme Court had granted stay of payment of GST for grant of mining
lease/royalty by the petitioner in that matter, and the said approach had
been followed by various Courts.
- The
respondents were demanding tax on Seigniorage Fee and also on minerals
quarried and disposed of.
- Levy
and collection of tax/sales tax on minerals was not permissible in view of
the judgment of the Supreme Court in India Cement Ltd. and Others vs
State of Tamil Nadu and Others, reported in 1990 (1) SCC 12.
- The
issue concerning the true nature of royalty/dead rent payable on minerals
produced, mined or extracted had been referred for consideration to a
larger Bench of nine Judges in Mineral Area Development Authority etc.
vs M/s Steel Authority of India & Others, reported in 2011 (4) SCC
450.
Respondents’ Arguments
The learned Government Advocate appearing for the
respondents submitted that:
- The
impugned proceeding was only a notice.
- Since
no final order had yet been passed, the writ petition was premature.
- On
that ground, the writ petition was liable to be dismissed.
Court Order / Findings
The Madras High Court considered the materials available on
record and noted that the Supreme Court, in M/s Lakhwinder Singh vs Union of
India and Others, had granted stay concerning payment of GST for grant of
mining lease/royalty by the petitioner in that case.
At the same time, the High Court observed that the impugned
proceeding before it was only a notice.
Accordingly, the Court issued the following directions:
- The
petitioner was directed to submit objections to the impugned notice within
a period of 30 days from the date of receipt of a copy of the High
Court’s order.
- The
petitioner was permitted to rely upon the judgment/order in M/s
Lakhwinder Singh vs Union of India and Others.
- The
petitioner was also permitted to rely upon any other judgments which the
petitioner intended to place before the authority.
- If
objections were filed, the second respondent was directed to consider the
same and pass appropriate orders.
- Until
disposal of the objections, the respondents were restrained from resorting
to recovery proceedings.
- The
High Court expressly clarified that it had not expressed any view on
the merits of the controversy.
- The
respondents were left free to consider the issues raised by the petitioner
on their own merits.
With these directions, the writ petition was disposed of
without costs, and the connected Writ Miscellaneous Petition was closed.
Important Clarification
This judgment does not finally hold that GST on
Seigniorage Fee is valid or invalid.
The High Court did not quash the impugned notice on
merits. Instead, it recognised that the challenged proceeding was only a notice
and directed the petitioner to submit objections within 30 days.
The Court permitted reliance upon M/s Lakhwinder Singh vs
Union of India and Others and other judgments, directed the State Tax
Officer to consider the objections, and protected the petitioner from recovery
proceedings until disposal of those objections.
Therefore, the case should not be represented as a final
declaration that GST cannot be levied on Seigniorage Fee, royalty or mining
lease payments.
The precise legal effect of the order is that:
- the
petitioner was granted an opportunity to file objections;
- relevant
judicial authorities could be relied upon;
- the
competent authority was required to consider the objections and pass
appropriate orders;
- recovery
proceedings were not to be initiated until disposal of the objections; and
- all
questions on merits were expressly left open.
Sections / Legal Provisions Involved
Article 226 of the Constitution of India – The
writ petition was filed seeking issuance of a Writ of Certiorari to quash the
impugned notice.
GST Act, 2017 – The dispute concerned
the alleged requirement to register quarry operations under GST and pay GST on
Seigniorage Fee paid to the Geology and Mining Department.
Tamil Nadu Minor Mineral Concession Rules, 1959 – The
petitioner’s quarry operations were conducted pursuant to a licence/permit
obtained under these Rules.
Section 9 of the CGST Act, 2017 / corresponding
State GST charging framework – Contextually relevant to
levy of GST, though the judgment itself does not record a final merits-based
determination under a specific charging section.
Reverse Charge Mechanism provisions, where
applicable to mining-related Government services –
Potentially relevant in the broader legal framework concerning GST on mining
lease/royalty or Seigniorage Fee; however, the High Court’s order does not
finally adjudicate such statutory provisions.
Important statutory accuracy note: The judgment expressly refers to Article 226 of the Constitution of India, the GST Act, 2017, and the Tamil Nadu Minor Mineral Concession Rules, 1959. Any additional reference to specific GST charging or reverse-charge provisions must be treated as contextual legal framework and not as an express merits-based finding recorded by the High Court.
Link to download the order - https://mytaxexpert.co.in/uploads/1783503372_1529compressed.pdf
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