Supreme Court of India · 2017-09-15
THE STATE OF HARYANA vs DISTT.FOOD
- Citation / case number
- SC 2005/27346
- Court
- Supreme Court of India
- Petitioner
- THE STATE OF HARYANA
- Respondent
- DISTT.FOOD
- 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 held 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 affirmed the High Court's decision that the repeal and saving clause in Section 61 of the Act of 2003 only saved pending proceedings, and since there were no such proceedings against the respondent, the revisional power could not be invoked. The Court emphasized that the application of the Punjab General Clauses Act, 1898, was excluded by the specific provisions of the repealing Act.