High Court granted stay on the recovery of GST on Seigniorage Fees and Mining Leases because the issue was pending before the Supreme Court


Quick Summary
The Madras High Court has ordered a halt on the recovery of Goods and Services Tax (GST) related to seigniorage fees and mining leases. This decision will remain in effect until the Supreme Court's Nine Judge Constitution Bench makes a ruling on the matter. The court acknowledged that this issue is currently under consideration by the Supreme Court, and therefore, any adjudication on the GST liability for these fees should be postponed.

Court :
Madras High Court

Brief :
The Hon'ble Madras High Court in the case of M/s C. Srinivasa Moorthy v. Deputy State Tax Officer, Intelligence, Hosur [Writ Petition No. 12426 of 2024 dated June 07, 2024] held that no recovery of GST on seigniorage fee and mining lease until the Nine Judge Constitution Bench of the Hon'ble Supreme Court takes a decision.

Citation :
Writ Petition No. 12426 of 2024 dated June 07, 2024

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FCA, FCS LLB with21 Yrs of Experience inTaxation Indirect and Direct: Education Qualification: B.Com (Hons) Chartered Accountants Company Secretary LLB Qualified SAP FI/CO Consultants Professional Membership: Chairmanof Indirect Tax Committee of PHD Chamber of Commerce Member of Indirec ... Read more

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