| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | 2005 Condonation of delay s. 48 Himachal Pradesh Value Added Tax Act Exercise of revisional power u/s. 48 by the High Court |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Act(s) Referred | Himachal Pradesh Value Added Tax Act, 2005 (12 of 2005) |
| Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Others |
| Headnote | Himachal Pradesh Value Added Tax Act, 2005: s. 48 – Exercise of revisional power u/s. 48 by the High Court – Condonation of delay in case a revision is filed beyond 90 days from the date of communication of the order – Applicability of ss. 5, 29 of the Limitation Act – Division Bench held that provision of s. 5 of the Limitation Act cannot be applied and the High Court cannot condone the delay – Sustainability of – Held: Held: Not sustainable – As the revision under the Act of 2005 lies to the High Court, the provisions of s. 5 of the Limitation Act are applicable, and there is no express exclusion of the provisions of s. 5 and as per s. 29(2), unless a special law expressly excludes the provision, ss. 4 to 24 of the Limitation Act are applicable – Thus, provisions of s. 5 are applicable to revisional provision u/s. 48 as they are not expressly excluded by the provisions under the Act of 2005 - Delay in filing of revision condoned – Limitation Act, 1963 – ss. 5, 29. |
| Judge | Hon'ble Mr. Justice Arun Mishra |
| Neutral Citation | 2019 INSC 1200 |
| Petitioner | Superintending Engineer/ Dehar Power House Circle Bhakra Beas Management Board (pw) Slapper & Another |
| Respondent | Excise And Taxation Officer, Sunder Nagar/ Assessing Authority |
| SCR | [2019] 13 S.C.R. 534 |
| Judgement Date | 2019-10-25 |
| Case Number | 8276 |
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