Supreme Court of India · 2006-02-16
M/S. GAMMON INDIA LTD. vs SPL. CHIEF SECRETARY .
- Citation / case number
- SC 2005/60614
- Court
- Supreme Court of India
- Petitioner
- M/S. GAMMON INDIA LTD.
- Respondent
- SPL. CHIEF SECRETARY .
- Author
- Dalveer Bhandari
- Bench
- RUMA PAL,DR. 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, particularly regarding the initiation of penalty proceedings after the Act's repeal. The Court held that the Assistant Commissioner lacked jurisdiction to initiate such proceedings post-repeal, emphasizing that actions taken under a repealed statute are invalid. Consequently, the appeals were allowed, and the penalty proceedings were quashed.