Supreme Court of India · 2017-09-15
THE STATE OF HARYANA vs M/S. RAM DITTA MAL OM PRAKASH
- Citation / case number
- SC 2005/27342
- Court
- Supreme Court of India
- Petitioner
- THE STATE OF HARYANA
- Respondent
- M/S. RAM DITTA MAL OM PRAKASH
- 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 the repeal and saving clause in Section 61 of the Act of 2003 only preserved pending proceedings under the former Act, and since there were no such proceedings against the respondent, the revisional power could not be invoked. The judgment affirmed the High Court's decision that the recovery order was invalid due to lack of jurisdiction post-repeal.