Supreme Court of India · 2017-09-15
THE STATE OF HARYANA vs M/S. KARAN ENTERPRISES
- Citation / case number
- SC 2006/11809
- Court
- Supreme Court of India
- Petitioner
- THE STATE OF HARYANA
- Respondent
- M/S. KARAN ENTERPRISES
- 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 ruling that the repeal and saving clause in Section 61 of the Act of 2003 only preserved pending proceedings, and since there were none against the respondent, the revisional powers could not be invoked. The Court concluded that the respondent's liability for recovery of the refund was invalid under the repealed Act.