VidhiSangh

Supreme Court of India · 15/09/2017

THE STATE OF HARYANAAND OTHERS versus HINDUSTAN CONSTRUCTION COMPANY LTD.

[2017] 9 S.C.R. 482 · 2017 INSC 913

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Summary

After repeal of Haryana’s 1973 sales-tax law, the authorities invoked its suo motu revisional power to reopen completed assessments and refunds. The Court held that the original saving clause in the 2003 VAT Act preserved only pending proceedings and manifested an intention against reopening concluded matters. General Clauses Act savings could not override that intention, and the State’s appeals were dismissed.

Issues

  1. Whether suo motu revision under the repealed sales-tax Act could reopen an assessment where no proceeding was pending on repeal.
  2. Whether general repeal savings preserved that power despite the specific saving provision in the VAT Act.

Provisions considered

Held

Result

State’s appeals dismissed; High Court order left undisturbed.

Judgment PDF: Supreme Court of India, [2017] 9 S.C.R. 482.