GST on royalty paid to government for mining on or after 01.01.2019

GST on royalty paid to government for mining is a confusing area. There are two scenarios i) GST on royalty paid to Govt before 01.01.2019 ii) GST on royalty paid to Govt on or after 01.01.2019.  The discussion is mainly focused in the point of view of assessee engaged in the business of quarry.

As per Entry No. 5 of Notification No. 13/2017-Central Tax (rate) dated 28.06.17, GST on services supplied by Central Govt, State Govt or local authority, to a business entity needs to be paid by such business entity under RCM.

SAC Code: 9973

The License to extract and use of mineral ores is not covered by any specific entries in the serial no. 17 of the Notification No.11/2017 and 27/2018 and hence falls under the residual entry.

Prior to 01.01.2019

As per entry No. 17 (vi) of Notification No. 11/2017 – Central Tax (Rate) dated 28th June 2017 further amended by Notification No.1/2018- Central Tax (Rate) dated 25th January 2018 , for leasing or rental services with or without operator and for the transfer of the right to use any goods for any purpose, the GST rate as is applicable for the supply of like goods involving a transfer of title in goods shall be charged. Hence in case of assessee engaged in the business of quarry ie Rock/Stone, GST rate for royalty is 5%.

Case Law

• Case Name: M/s N.M.D.C Ltd (GST AAR Karnataka)
• Appeal Number: Advance Ruling No.KAR ADRG 69/2019

On or after 01.01.2019

As per entry No. 17 (viii) of Notification No. 27/2018 - Central Tax (Rate) dated 31st December 2018, for leasing or rental services with or without operator, the applicable GST rate is 18% (CGST+SGST).

Conclusion

The royalty paid in respect of Mining Lease is a part of the consideration payable for the Licensing services for right to use minerals including exploration and evaluation falling under the Head 9973 which is taxable at the rate applicable on supply of like goods involving transfer of title in goods upto 31.12.2018 and taxable at 9% CGST and 9% SGST from 01.01.2019 onwards under the residual entries of Serial No.17 of the Notification No.11/2017- Central Tax dated 28.06.2017.