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september 2017

Supreme Court of India · 2017-09-15

THE STATE OF HARYANA vs M/S. VISHNU TRADING CO.

Citation / case number
SC 2006/1963
Court
Supreme Court of India
Petitioner
THE STATE OF HARYANA
Respondent
M/S. VISHNU TRADING CO.
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 Act, 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 at the time of repeal, the revisional powers could not be invoked. The judgment emphasized the need for clarity in legislative intent regarding the application of the Punjab General Clauses Act, 1898, in the context of repealed statutes.

THE STATE OF HARYANA vs M/S. VISHNU TRADING CO. · Niyam