Political contribution deductions require recipient party compliance with contribution-reporting conditions; banking-channel donations alone do not qu...
Aggregation under TNMM prevents selective testing of intra-group services without comparable uncontrolled transactions, while appellate additional cla...
Protective assessment cannot duplicate identical receipts under competing characterisations; remote services did not establish a taxable permanent est...
Current account treatment of overseas tournament services removed most FEMA findings, but excess EEFC remittance and delayed repatriation remained bre...
Modification of bail conditions remains available through inherent jurisdiction where onerous deposits undermine justice and cannot recover disputed d...
Merchant banker regulation consolidates registration, governance, capital, reporting, outsourcing and investor-protection requirements under an update...
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The High Court held that for imposing penalty u/s 10(d) of the Central Sales Tax Act, the existence of mens rea (culpable mental state) must be established. Merely defaulting on the conditions enabling levy of penalty u/s 10(d) does not automatically attract penalty. The Department must prove that the assessee did not have reasonable cause for the default. In the present case, the revisionist had produced an engineer's certificate, discharging the burden of reasonable cause. As the necessary ingredients for levy of penalty were neither alleged nor proved, the order of penalty was quashed by the High Court in favor of the revisionist.
The High Court held that for imposing penalty u/s 10(d) of the Central Sales Tax Act, the existence of mens rea (culpable mental state) must be established. Merely defaulting on the conditions enabling levy of penalty u/s 10(d) does not automatically attract penalty. The Department must prove that the assessee did not have reasonable cause for the default. In the present case, the revisionist had produced an engineer's certificate, discharging the burden of reasonable cause. As the necessary ingredients for levy of penalty were neither alleged nor proved, the order of penalty was quashed by the High Court in favor of the revisionist.
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