The Supreme Court 9-judge Constitution Bench today (February 27) commenced its hearing on the multifaceted taxation matter of mineral-bearing lands. The key reference question involved in the present.
Senior advocate Rakesh Dwivedi, appearing for Jharkhand and Odisha, said even though the expression 'subject to limitation' is not there in Entry 49, some limitations can still be imposed
New Delhi: The Supreme Court on Wednesday asked mineral-rich states like Jharkhand and Odisha whether Parliament can prescribe any limitation on the taxes
Senior advocate Rakesh Dwivedi, appearing for Jharkhand and Odisha, said even though the expression 'subject to limitation' is not there in Entry 49, some limitations can still be imposed
However, a five-judge bench of the apex court held in 2004 in State of West Bengal versus Kesoram Industries Limited that there was a typographical error in the 1989 verdict and said royalty was not a tax. The dispute was referred to a larger nine-judge bench.