THE STATE OF HARYANA vs M/S. NIHAL CHAND SONS

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 power could not be invoked. The Court affirmed the High Court's decision that the order for recovery was invalid due to lack of jurisdiction under the repealed Act.