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april 2001

Supreme Court of India · 2001-04-17

M/S Somaiya Organics (India) Ltd vs State Of Uttar Pradesh & Anr

Court
Supreme Court of India
Petitioner
M/S Somaiya Organics (India) Ltd
Respondent
State Of Uttar Pradesh & Anr
Author
Ruma Pal
Bench
Ruma Pal

Judgment text excerpt

The Supreme Court addressed the issue of prospective overruling in the context of tax law, specifically regarding the validity of state statutes imposing vend fees. The Court clarified that while it held the statutory provision invalid, it denied the appellant a refund due to the adjustments made by the parties over time, emphasizing that prospective overruling does not validate an unconstitutional statute. The Court referenced Articles 245 and 246 of the Constitution, affirming that the decision did not infringe upon these provisions.

M/S Somaiya Organics (India) Ltd vs State Of Uttar Pradesh & Anr · Niyam