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september 2017

Supreme Court of India · 2017-09-15

THE STATE OF HARYANA vs M/S BAJAJ BISCUITS INDUSTRIES(P) LTD.

Citation / case number
SC 2006/29910
Court
Supreme Court of India
Petitioner
THE STATE OF HARYANA
Respondent
M/S BAJAJ BISCUITS INDUSTRIES(P) LTD.
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 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 decision of the High Court was upheld, affirming that the application of the Punjab General Clauses Act, 1898, was excluded due to the specific provisions of the repealing Act.

THE STATE OF HARYANA vs M/S BAJAJ BISCUITS INDUSTRIES(P) LTD. · Niyam