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september 1968

Supreme Court of India · 1968-09-27

HARDEODAS JAGANNATH vs STATE OF ASSAM & ORS.

Citation / case number
SC 1966/60423
Court
Supreme Court of India
Petitioner
HARDEODAS JAGANNATH
Respondent
STATE OF ASSAM & ORS.
Author
SHAHC.,RAMASWAMI, V.,MITTER, G.K.,HEGDE, K.S.,GROVER, A.N.
Bench
SHAH, J.C.,RAMASWAMI, V.,MITTER, G.K.,HEGDE, K.S.,GROVER, A.N.

Judgment text excerpt

The Supreme Court addressed the validity of the Assam Sales Tax Act's extension to the Shillong Administered Area under Section 4 of the Extra Provincial Jurisdiction Act, 1947. The Court held that the Central Government's notification dated April 15, 1948, was valid as the instrument of accession was accepted on August 17, 1948, thus allowing the Act to be operative. Furthermore, the Court ruled that the Amending Act of 1958 could not be applied retrospectively to assessment periods prior to its enactment, and clarified that the authorities lacked the power to accept security in lieu of cash payment for tax assessments and penalties.

HARDEODAS JAGANNATH vs STATE OF ASSAM & ORS. · Niyam