Breaking SUPREME COURT REAFFIRMS PUBLIC DOMAIN PROTECTION FOR DIGITAL LAWS
New Delhi · Monday, 21 September 2026 9888666310 | [email protected]
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Supreme Court of India 2017-09-15 dismissed

State of Haryana and Others vs Hindustan Construction Company Ltd

Bench: 2 — Navin Sinha

In Brief

The Supreme Court held that revisional powers under the repealed Haryana General Sales Tax Act, 1973 cannot be exercised after repeal by the Haryana Value Added Tax Act, 2003 where no proceedings were pending at the time of repeal. The saving clause in Section 61 of the 2003 Act—which expressly preserves only pending proceedings—manifests a contrary legislative intent to exclude application of the Punjab General Clauses Act, 1898. Once an assessment concluded and refund was ordered under the old Act, the tax authorities could not reopen the matter via suo-moto revision exercised years after repeal. The Court rejected the State's attempt to save revisional powers through general repeal principles, finding such interpretation would render subsequent legislative amendments futile and create absurdity.

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Tax Law Constitutional Law — Repeal Revenue Procedure Statutory Interpretation Sales Tax Administrative Law

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