The Telangana High Court has granted an interim stay on the Order-in-Original dated 05.05.2025 that demanded GST on royalty/seigniorage, District Mineral Foundation (DMF), and State Mineral Exploration Trust (SMET) deductions.
The petitioner challenged Entry 17(viii) of Notification 11/2017–CTR, arguing that GST cannot be levied on royalty-related payments because:
• Supreme Court’s MADA judgment confirms that taxing mineral rights falls exclusively under State power (Entry 50, List II).
• Article 246A (GST power) cannot override State taxing power.
• Petitioner has no mining licence, received no mineral extraction rights, and merely acted as an intermediary—hence no taxable supply.
• Similar matters are pending before the Supreme Court (Udaipur Chambers of Commerce & Industry).
• Telangana HC has already granted interim relief in India Cements Ltd. and MEIL–NCC (JV) in identical issues.
Court’s Direction
• Interim stay on the impugned GST demand.
• Matter to be heard along with earlier pending writ petitions.
• Respondents granted three weeks to file a counter.