SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2016 Supreme(SC) 1568

A.K.SIKRI, ROHINTON FALI NARIMAN
Jayam & Co. – Appellant
Versus
Assistant Commissioner – Respondent


Advocates Appeared:
For the Appellants : S.K. Bagaria, E.R. Kumar, Sameer Paukh, K. Ajit Singh, Abhishek Vinod Deshmukh, Aditya Sharma, Aakansha Nehra, Akash Jindal, Chatanya Safaya, Ms. Shelly Bhasin, Ms. Vasudha Gupta, Ms. L. Kamath, Mahesh Agarwal, Ms. Sadapurna Mukherjee, E.C. Agrawala, F.R. Kumr, Abhishek Vinod Deshmukh, Aditya Sharma, Aakansha Nehra, Akash Jindal, (M/s. Parekh & Co.), K.V. Vijayakumar, Jayanth Moth Raj, Ms. Malavika J., Sureshan P., Ms. Hemalatha, P.R. Kovilan, Mrs. Geetha Kovilan, Sanand Ramakrishnan, S. Nandakumar, Parivesh Singh, P. Srinivasan, Prateek Gupta, Ranjeet Singh, Naresh Kumar, K.K. Mani, Ms. T. Archana, Gautam Narayan, R.A. Iyer, Shatrajit Banerji, Shatrajit Banerji, Nikhil Swami, Ms. Divya Swami, Mrs. Prabha Swami, V. Giri, Anil Kaushik, Anand Padmanabhan, Ms. Amritha Sarajoo, Shashi Bhushan Kumar
For the Respondents: Subramonium Prasad, B. Balaji, Utkarsh Srivastava, Arvind Athithan, Ram Subramanian, Muthuver Palani

JUDGMENT :

A.K. Sikri, J.

Leave granted.

2. We have heard the matter in detail finally at this stage on all issues that are raised. We are of the opinion that special leave petitions need to be granted only on the issue as to whether sub-section (20) of Section 19 of the Tamil Nadu Value Added Tax Act, 2006 (hereinafter referred to as 'VAT Act') could be given retrospective effect.

3. All these appeals arise out of common judgment dated July 17, 2013 rendered in batch of writ petitions. In the writ petitions filed by the appellants (hereinafter referred to as 'dealers'), vires of newly inserted sub-section (20) of Section 19 of the VAT Act, vide amendment brought by Amendment Act 22 of 2013 were challenged. This provision though came into force on August 19, 2010, by the aforesaid Amendment Act, was given retrospective effect from January 01, 2007 by Tamil Nadu Value Added Tax (Special Provision) Act, 2010 (hereinafter referred to as 'Act, 2010'). The retrospectivity of the provision was also questioned by the dealers. The dealers had argued that this provision is confiscatory in n





























































































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top