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    <title>1977 (10) TMI 67 - ITAT MADHYA PRADESH</title>
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    <description>Penalty under section 43(1) of the Madhya Pradesh General Sales Tax Act, 1958 required dishonest intention. Where the assessee consistently followed the same accounting practice, had disclosed the purchases in its accounts, and the department had not earlier objected, the omission to show purchase turnover from unregistered dealers in the returns was treated as an assessment-stage practice rather than deliberate concealment. Since tax had already been paid at assessment and dishonest intent could not be inferred on these facts, the penalty was not justified and was set aside.</description>
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    <pubDate>Wed, 05 Oct 1977 00:00:00 +0530</pubDate>
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      <title>1977 (10) TMI 67 - ITAT MADHYA PRADESH</title>
      <link>https://www.taxtmi.com/caselaws?id=68833</link>
      <description>Penalty under section 43(1) of the Madhya Pradesh General Sales Tax Act, 1958 required dishonest intention. Where the assessee consistently followed the same accounting practice, had disclosed the purchases in its accounts, and the department had not earlier objected, the omission to show purchase turnover from unregistered dealers in the returns was treated as an assessment-stage practice rather than deliberate concealment. Since tax had already been paid at assessment and dishonest intent could not be inferred on these facts, the penalty was not justified and was set aside.</description>
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      <pubDate>Wed, 05 Oct 1977 00:00:00 +0530</pubDate>
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