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september 1997

Supreme Court of India · 1997-09-26

COMMR. OF S.T., ORISSA vs M/S. HALARI STORE

Citation / case number
SC 1996/79648
Court
Supreme Court of India
Petitioner
COMMR. OF S.T., ORISSA
Respondent
M/S. HALARI STORE
Author
V.N. KHARE S.P. BHARUCHA
Bench
V.N. KHARE S.P. BHARUCHA

Judgment text excerpt

The Supreme Court held that the Additional Commissioner of Sales Tax lacks jurisdiction to revise an appellate order of the Assistant Commissioner under Section 23(4)(a) of the Orissa Sales Tax Act, as the appellate order does not qualify as an 'order made under this Act'. The Court affirmed the High Court's decision to quash the impugned notices issued to the respondent-dealer, establishing that the revisional power is limited when it concerns appellate orders. Consequently, the appeals were dismissed, upholding the High Court's ruling.

COMMR. OF S.T., ORISSA vs M/S. HALARI STORE · Niyam