ValkyaEditorial

Tagged “mohit-minerals”

2 articles on mohit-minerals.

Landmark JudgmentSupreme Court of India

Mohit Minerals v. Union of India: how the Supreme Court struck down IGST on ocean freight — and held GST Council recommendations non-binding

On 19 May 2022, a three-judge bench of Justices D.Y. Chandrachud, Surya Kant and Vikram Nath struck down the levy of IGST on ocean freight in CIF imports under the Reverse Charge Mechanism — holding that an Indian importer who has already paid IGST on the composite supply of CIF-imported goods cannot be separately charged IGST on the ocean-freight component of the same supply. The judgment is doctrinally significant for a connected reason: the Bench held that recommendations of the GST Council have persuasive value and are not binding on the Union or State Legislatures. A digest of the holdings, the doctrinal architecture, and the refund consequences.

Valkya Editorial··9 min