LAW FOR ALL

corporate law - Sec.40 Haryana General sales Tax - whether the exercise of revisional power under Section 40 of the Haryana General Sales Tax Act, 1973 (hereinafter referred to as ‘the Act of 1973’) after its repeal on 1.4.2003, by the Haryana Value Added Tax, 2003 (hereinafter referred to as ‘the Act of 2003’), is sustainable. The appeals have, therefore, been heard together and are being disposed by a common order. = resort to Section 40 of the Act of 1973, after coming into force of the new Act on 01.04.2003 was unsustainable, as the repeal and saving clause in Section 61 of the Act of 2003, saved only pending proceedings under the former. Since there were no proceedings pending against the respondent under the repealed Act, on the relevant date, the proceedings thereunder could not be sustained or justified by reference to Section 4 of the Punjab General Clauses Act, 1898.