https://www.taxtmi.com/caselaws?id=148602 Penalty under section 16(4) of the Bombay Sales Tax Act, 1953 is attracted only while a dealer continues in default in paying tax within the prescribed time. Read with the appellate and revisional scheme, a stay of recovery granted by the competent authority suspends coercive recovery for the covered period, and the dealer is not treated as continuing in default during that subsistence. On that footing, penalty does not run for the period covered by the stay orders. The contrary view treated the stay as affecting recovery only, but the stated ratio applies the broader construction in favour of the assessee. en-us Fri, 12 Jul 1968 00:00:00 +0530 Tue, 30 Apr 2013 17:56:57 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=148602 Penalty under section 16(4) of the Bombay Sales Tax Act, 1953 is attracted only while a dealer continues in default in paying tax within the prescribed time. Read with the appellate and revisional scheme, a stay of recovery granted by the competent authority suspends coercive recovery for the covered period, and the dealer is not treated as continuing in default during that subsistence. On that footing, penalty does not run for the period covered by the stay orders. The contrary view treated the stay as affecting recovery only, but the stated ratio applies the broader construction in favour of the assessee. Case-Laws VAT and Sales Tax Fri, 12 Jul 1968 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=148602