Supreme Court of India · 2002-12-17
Ocl India Ltd vs State Of Orissa And Ors
- Citation / case number
- AIR 2003 SUPREME COURT 2148
- Court
- Supreme Court of India
- Petitioner
- Ocl India Ltd
- Respondent
- State Of Orissa And Ors
- Bench
- Syed Shah Mohammed Quadri, Arijit Pasayat
Judgment text excerpt
The Supreme Court held that under Section 23(4)(a) of the Orissa Sales Tax Act, 1947, once the Assistant Commissioner, as a delegatee, has exercised revisional jurisdiction, the Commissioner cannot subsequently revise the same order. The Court emphasized that the delegation of power does not strip the Commissioner of his authority but limits the exercise of that authority once it has been exercised by the delegatee. The appeal was allowed, overturning the High Court's dismissal of the writ petition challenging the Commissioner's notice.