Court :
Bombay High Court
Brief :
The Hon'ble Bombay High Court at Goa in the case of Sesa Sterlite Limited v. State of Goa [Writ Petition No. 244 of 2009 dated January 10, 2024] dismissed the writ petition thereby holding that, the levy of Cess under Goa Rural Improvement and Welfare Cess Act, 2000 ("the Goa Cess Act") is valid as the Goa Cess Act is not subsumed by the GST Laws.
Citation :
Writ Petition No. 244 of 2009 dated January 10, 2024
The Hon'ble Bombay High Court at Goa in the case of Sesa Sterlite Limited v. State of Goa [Writ Petition No. 244 of 2009 dated January 10, 2024] dismissed the writ petition thereby holding that, the levy of Cess under Goa Rural Improvement and Welfare Cess Act, 2000 ("the Goa Cess Act") is valid as the Goa Cess Act is not subsumed by the GST Laws.
Sesa Sterlite Limited ("the Petitioner") is engaged in the business of mining iron ore, extraction, processing, transportation, and export of iron ore from South Goa. The Petitioner also carries out mining activity in different states. State of Goa ("the Respondent") by way of the Goa Cess Act, levied cess on the transportation of ore and related mining activity.
Aggrieved by the Cess levied, the Petitioner has filed the writ petition, challenging the provisions of the Goa Cess Act on one of the grounds that the Goa Cess Act has been subsumed by the GST Laws.
Whether Cess levied under the Goa Cess Act is valid and not subsumed by the GST Laws?
The Hon'ble Bombay High Court at Goa in Writ Petition No. 244 of 2009 held as under: