VidhiSangh

Supreme Court of India · 30/10/2018

SUSHILA N. RUNGTA (D) LRS. versus THE TAX RECOVERY OFFICER-16(2) AND ORS.

[2018] 13 S.C.R. 1147 · 2018 INSC 1020

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Summary

The Supreme Court held that the pending 1971 gold-confiscation and penalty-enhancement notice did not survive repeal of the Gold Control Act. In this repeal, the legislative purpose disclosed a contrary intention to the usual General Clauses Act saving. The connected High Court judgments were set aside, with eight weeks for the parties to revise the Wealth Tax Reference questions in light of the vanished proceedings, followed by expeditious determination on merits.

Issues

  1. Whether the show-cause notice survived the 1990 repeal of the Gold Control Act.
  2. What consequence followed for the connected wealth-tax proceedings.

Provisions considered

Held

Result

Appeal concerning the 1971 notice disposed of as the notice no longer survived repeal. Connected appeals allowed; common High Court judgment set aside, with eight weeks to revise reference questions and expeditious merits hearing thereafter.

Judgment PDF: Supreme Court of India, [2018] 13 S.C.R. 1147.