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february 2006

Supreme Court of India · 2006-02-16

M/S Gammon India Ltd vs Spl. Chief Secretary & Ors

Court
Supreme Court of India
Petitioner
M/S Gammon India Ltd
Respondent
Spl. Chief Secretary & Ors
Author
Dalveer Bhandari
Bench
Ruma Pal, Ar. Lakshmanan, Dalveer Bhandari

Judgment text excerpt

The Supreme Court addressed the jurisdiction of the Assistant Commissioner of Commercial Taxes under the Andhra Pradesh General Sales Tax Act, 1957, specifically regarding penalty proceedings initiated after the Act's repeal. The Court held that the Assistant Commissioner lacked jurisdiction to initiate such proceedings post-repeal, emphasizing that once the statute is repealed, the authority to impose penalties under it ceases to exist. Consequently, the appeals were allowed, and the penalty proceedings were quashed.

M/S Gammon India Ltd vs Spl. Chief Secretary & Ors · Niyam