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for clarity in legislative intent regarding the application of the Punjab General Clauses Act, 1898, in the context of repealed statutes.