Supreme Court of India · 2017-09-15
THE STATE OF HARYANA vs M/S. AJAY KUMAR
- Citation / case number
- SC 2005/27341
- Court
- Supreme Court of India
- Petitioner
- THE STATE OF HARYANA
- Respondent
- M/S. AJAY KUMAR
- 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 unsustainable. The Court held that since there were no pending proceedings under the repealed Act at the time of the new Act's enforcement, the revisional powers could not be invoked. The decision of the High Court was upheld, affirming that the saving clause in Section 61 of the Act of 2003 only applies to pending proceedings, thus rendering the revisional action invalid.