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september 2017

Supreme Court of India · 2017-09-15

STATE OF HARYANA vs M/S. ASHOKA RICE & GENERAL MILLS

Citation / case number
SC 2005/25987
Court
Supreme Court of India
Petitioner
STATE OF HARYANA
Respondent
M/S. ASHOKA RICE & GENERAL MILLS
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, 2003, is not sustainable. The Court held that the repeal and saving clause in Section 61 of the Act of 2003 only preserved pending proceedings, and since there were no such proceedings against the respondent, the revisional power could not be invoked. The Court affirmed the High Court's decision that the order for recovery was invalid as it contravened the provisions of the new Act.

STATE OF HARYANA vs M/S. ASHOKA RICE & GENERAL MILLS · Niyam