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Judgment of larger bench will prevail over smaller bench regardless of number of majority judges on larger bench: Supreme Court

The verdict was rendered by a Constitution Bench of Justices Indira Banerjee, Hemant Gupta, Surya Kant, MM Sundresh and Sudhanshu Dhulia.

The judgment was delivered on a batch of pleas challenging the validity of the first and third Schedules of the Delhi Sales Tax Act, and the exceptions provided for in tax-exemption provisions of sales tax laws.

Regarding whether such exceptions can be provided, the Court held that there was no conflict between the two judgments cited in this regard and therefore, held that reference to a Constitution bench was not warranted.

It, therefore, remanded the matter to a regular bench.

Source: Barandbench

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