Clean slate principle extinguishes uncrystallised operational claims and bars continuation of pending recovery and arbitral proceedings after plan app...
Works contract classification governs composite layout-development contracts where VAT-paid goods are transferred alongside construction and infrastru...
Specified income tax exemption for pollution control body remains conditional on non-commercial activity, unchanged income character, and return filin...
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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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