Judgement of the Supreme Court of India regarding levy of cess on mineral rights by state legislature of Rajasthan, 06/12/2013
Judgement of the Supreme Court of India in the matter of State of Rajasthan and Others Vs M/s. Basant Agrotech (India) Ltd. & Others dated 06/12/2013 which challenged the constitutional validity of Chapter VII of the Rajasthan Finance Act, 2008 which provides for levy of cess on mineral rights. The respondent was granted a mining lease for extraction on major minerals. As per the amendment brought in the year 2008 it was required to pay the environment and health cess imposed under Section 16 of the Act. The State Government, in exercise of the powers conferred by Section 19 of the Act, framed a set of rules called Rajasthan Environment and Health Cess Rules, 2008. Rule 13 of the Rules provides for the head under which the cess collected under Section 16 of the Act is to be credited.