Monday, 1 August 2016

Madras High Court Stays Order In Favour Of VV Minerals

VV Minerals had filed a writ appeal against the single judge’s order asking the commissioner to decide the preliminary issue of jurisdiction. Following the appeal, the Division Bench of Madras High Court ordered a stay in favour of VV Minerals India, the leading sand beach mining company represented by S VV Mineral Vaikundarajan.

The show cause notice issued on December 26 appealed the company to provide explanation on why it should be excused from paying central excise for minerals obtained between March 2011 and March 2014. The company had earlier stated that the minerals were concentrates that could not be separated due to the lack of technology, a challenge faced by all beach mining companies in India.

Defending which, the company’s writ petition challenging the notice got the case dismissed on March 10 this year. Additionally, the company pointed out that the Commissioner was denying access to many documents sought by the company.  The Commissioner was directed by the High Court to provide the company with the necessary documents for issuing the notice to help the company present an effective reply.

VV Mineral also filed a second writ petition explaining the mining lease obtained legally from the State Government. The company further explained that the minerals extracted from sand fall under the ‘mines’ category and should be exempted of the central excise.

The court declared its verdict in favour of VV Mineral Mining justification of its writ appeal despite commissioner’s allegations. VV Mineral Vaikundarajan expressed his satisfaction in the court’s verdict and assured that the company’s operations were legal in all departments.

No comments:

Post a Comment