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february 2023

Supreme Court of India · 2023-02-01

M/S. GODREJ SARA LEE LTD. vs THE EXCISE AND TAXATION OFFICER CUM ASSESSING AUTHORITY

Citation / case number
SC 2010/84
Court
Supreme Court of India
Petitioner
M/S. GODREJ SARA LEE LTD.
Respondent
THE EXCISE AND TAXATION OFFICER CUM ASSESSING AUTHORITY
Author
HON'BLE MR. JUSTICE DIPANKAR DATTA
Bench
HON'BLE MR. JUSTICE DIPANKAR DATTA HON'BLE MR. JUSTICE S. RAVINDRA BHAT

Judgment text excerpt

The Supreme Court examined whether the High Court was justified in dismissing a writ petition challenging the jurisdiction of the Revisional Authority under the Haryana Value Added Tax Act, 2003, and whether the appellant should have pursued an alternative remedy of appeal. The Court considered the scope of suo motu revisional powers and the availability of remedies under the Act. It emphasized the importance of judicial review of jurisdictional questions and the need to avoid unnecessary procedural bar. The Court ultimately clarified the circumstances under which writ petitions can be entertained in tax matters involving jurisdictional issues.

M/S. GODREJ SARA LEE LTD. vs THE EXCISE AND TAXATION OFFICER CUM ASSESSING AUTHORITY · Niyam