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    <title>1975 (8) TMI 76 - ITAT ORISSA</title>
    <link>https://www.taxtmi.com/caselaws?id=70950</link>
    <description>Delay in filing first appeals may be condoned where sufficient cause is shown and the explanation is supported by the record; refusal to recognise that power was erroneous, so the appeals were maintainable. Penalty for alleged non-payment of admitted tax was unwarranted where the assessee had paid tax on a bona fide mistaken calculation without mala fides, deliberate defiance, contumacious conduct, or conscious disregard of legal duty. A technical breach of a statutory obligation, without dishonest intent, does not justify quasi-criminal penal action. The penalty orders were therefore annulled and any penalty already paid was refundable.</description>
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    <pubDate>Sat, 30 Aug 1975 00:00:00 +0530</pubDate>
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      <title>1975 (8) TMI 76 - ITAT ORISSA</title>
      <link>https://www.taxtmi.com/caselaws?id=70950</link>
      <description>Delay in filing first appeals may be condoned where sufficient cause is shown and the explanation is supported by the record; refusal to recognise that power was erroneous, so the appeals were maintainable. Penalty for alleged non-payment of admitted tax was unwarranted where the assessee had paid tax on a bona fide mistaken calculation without mala fides, deliberate defiance, contumacious conduct, or conscious disregard of legal duty. A technical breach of a statutory obligation, without dishonest intent, does not justify quasi-criminal penal action. The penalty orders were therefore annulled and any penalty already paid was refundable.</description>
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      <pubDate>Sat, 30 Aug 1975 00:00:00 +0530</pubDate>
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