Supreme Court of India · 2017-09-15
THE STATE OF HARYANA vs M/S. KANWAR BHAN KARAM CHAND
- Citation / case number
- SC 2005/28438
- Court
- Supreme Court of India
- Petitioner
- THE STATE OF HARYANA
- Respondent
- M/S. KANWAR BHAN KARAM CHAND
- 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 not sustainable. 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 at the relevant time, the revisional power could not be invoked. The Court affirmed the High Court's decision that the order for recovery was invalid under the repealed Act.