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september 2017

Supreme Court of India · 2017-09-15

THE STATE OF HARYANA vs M/S. HINDUSTAN GUM CHEMICALS LTD. MANAGING DIRECTOR

Citation / case number
SC 2005/25414
Court
Supreme Court of India
Petitioner
THE STATE OF HARYANA
Respondent
M/S. HINDUSTAN GUM CHEMICALS LTD. MANAGING DIRECTOR
Author
HON'BLE MR. JUSTICE NAVIN SINHA
Bench
HON'BLE MR. JUSTICE NAVIN SINHA HON'BLE THE CHIEF JUSTICE RANJAN GOGOI

Judgment text excerpt

The Supreme Court ruled that the exercise of revisional power under Section 40 of the Haryana General Sales Tax Act, 1973, after its repeal by the Haryana Value Added Tax Act, 2003, is unsustainable. The Court held that since there were no pending proceedings under the repealed Act at the time of the new Act's enactment, the revisional powers could not be invoked. The decision of the High Court was upheld, confirming that the repeal and saving clause in Section 61 of the Act of 2003 only preserved pending proceedings, thus rendering the subsequent action invalid.

THE STATE OF HARYANA vs M/S. HINDUSTAN GUM CHEMICALS LTD. MANAGING DIRECTOR · Niyam