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october 2018

Supreme Court of India · 2018-10-30

Sushila N. Rungta (D) Thr. Lrs vs The Tax Recovery Officer16(2) And Ors.

Citation / case number
AIRONLINE 2018 SC 654
Court
Supreme Court of India
Petitioner
Sushila N. Rungta (D) Thr. Lrs
Respondent
The Tax Recovery Officer16(2) And Ors.
Author
R.F. Nariman
Bench
Navin Sinha, Rohinton Fali Nariman

Judgment text excerpt

The Supreme Court addressed the appeal against the Collector's order imposing a penalty under Rule 126-I(16) of the Gold Control Rules, 1962, which corresponds to Section 74 of the Gold Control Act, 1968. The Court noted that the Gold Control Act was repealed by the Gold (Control) Repeal Act, 1990, rendering the penalty and confiscation proceedings moot. Consequently, the Court held that the appeal was to be allowed, and the penalty imposed was set aside due to the repeal of the underlying statute.

Sushila N. Rungta (D) Thr. Lrs vs The Tax Recovery Officer16(2) And Ors. · Niyam