VidhiSangh

Supreme Court of India · 20/10/2023

THE STATE OF TELANGANA & ORS. versus M/S TIRUMALA CONSTRUCTIONS

[2023] 15 S.C.R. 141 · 2023 INSC 942

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Summary

The Supreme Court held that Section 19 of the 101st Constitutional Amendment, read with Article 246A, preserved power to amend existing indirect-tax laws during the transition; it was not confined to removing inconsistencies. That power ended with the GST regime. Telangana’s later enactment could not derive competence from an earlier ordinance, and retrospective operation could not save Gujarat’s or Maharashtra’s later amendments. The States’ appeals failed and the Maharashtra assessees succeeded.

Issues

  1. Whether transitional amendment power was confined to aligning existing laws with the amended Constitution.
  2. Whether an earlier ordinance or retrospective commencement preserved legislative competence after the transition.
  3. Whether the challenged VAT amendments in Telangana, Gujarat and Maharashtra were valid.

Provisions considered

Held

Result

Telangana and Gujarat appeals and associated State special-leave petitions dismissed. Maharashtra assessees’ appeals allowed; Bombay High Court judgment set aside and the challenged pre-deposit amendment held void. No costs.

Judgment PDF: Supreme Court of India, [2023] 15 S.C.R. 141.