The contentious issue of taxation rights on minerals has brought the Centre and mineral-rich states at loggerheads. The Supreme Court is currently hearing a case to ascertain whether states can impose taxes on mineral-bearing land, a proposition vehemently contested by the central government.
At stake is revenue from mining, and data on royalties garnered by states for major minerals during a five-year period crossed 1 trillion (see chart).
The Centre has argued that the royalty fixed under the Mines and Minerals (Development and Regulation) (MMDR) Act, 1957, gives uniformity in taxes for all states, and granting states unrestricted taxing authority over mineral-rich land could harm the mining sector. It warned of an "economic disaster" if states impose unlimited taxes, as it would deter investments and impede the development of the critical minerals sector in India.
However, the states have argued that tax on mining is a state subject that the Centre cannot dictate. Acknowledging that Parliament doesn't have power to impose tax on mineral rights, the Supreme Court on Wednesday asked mineral-rich states like Jharkhand and Odisha whether the lawmakers can prescribe any limitation on the taxes they impose on mineral-rich land.
Behind the tussle
At present, under the MMDR Act, state governments have the power to grant mining concessions and collect revenue from mining activities. This revenue encompasses royalties, contributions to the District Mineral Foundation (DMF), and auction premiums. The sole contribution to the central government is directed to the National Mineral Exploration Trust (NMET).
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