Niyam v2 is live — start for just ₹100 — 200 credits to try

september 2017

Supreme Court of India · 2017-09-15

STATE OF HARYANA vs M/S. HOTI RAM RAM PARKASH, TOHANA

Citation / case number
SC 2005/27345
Court
Supreme Court of India
Petitioner
STATE OF HARYANA
Respondent
M/S. HOTI RAM RAM PARKASH, TOHANA
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, and since there were no such proceedings against the respondent, the revisional powers could not be invoked. The judgment clarified that reliance on Section 4 of the Punjab General Clauses Act, 1898, was misplaced in this context, affirming the High Court's decision.

STATE OF HARYANA vs M/S. HOTI RAM RAM PARKASH, TOHANA · Niyam