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STAR INDIA INDUSTRIES vs. THE STATE OF JHARKHAND & OTHERS
(Jharkhand High Court)

Hon'ble Judges:

SUJIT NARAYAN PRASAD
Pet. Counsel
Shailenra Kumar Singh
Res. Counsel
Ashok Kumar Yadav
Aditya Kumar

Petitioner / Applicant

STAR INDIA INDUSTRIES
Respondent THE STATE OF JHARKHAND & OTHERS
Court Jharkhand High Court
State

Jharkhand

Date Jul 16, 2024
Order No.

W. P. (T) No. 622 of 2024

Citation

2024(7) TAXREPLY 11246
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ORDER

ORDER Heard Mr. Shailendra Kumar Singh, learned counsel for the petitioner, Mr. Ashok Kumar Yadav, learned Sr. SC-I for the respondent-State and Mr. Amit Kumar, learned Sr. SC for the respondent-CGST. 2. The petitioner has filed this writ application with a prayer to quash the order dated 06.06.2023 (Annexure-3) for the period 2019- 20 passed by respondent no. 2 including the summary of show cause notice issued in Form GST DRC-01 dated 03.05.2023, GST on amount of Royalty paid by petitioner to the State of Jharkhand has been levied in respect of mining lease of Stone Boulders executed in favour of petitioner by the State of Jharkhand and for declaring that no GST is leviable on the amount of Royalty and District Mineral Fund Contribution paid by the petitioner to the State of Jharkhand and for declaring that the Royalty is in the nature of ‘tax’ or ‘profit a prendre’ and thus, cannot be deemed to be a ‘consideration’ in respect of alleged ....

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