https://www.taxtmi.com/caselaws?id=150061 A return is not false where the assessee fully discloses the material facts, including turnover and the basis for claiming exemption, even if the legal position on taxability is later found to be incorrect. The dispute concerned whether kutti machines were taxable, which was a question of legal classification and exemption rather than concealment of facts. On that basis, a mere unsustainable legal claim did not amount to furnishing a false return or concealment under section 43(1) of the Madhya Pradesh General Sales Tax Act. The penalty condition was therefore not met, and the penalty was held to be invalid. en-us Mon, 03 Aug 1970 00:00:00 +0530 Wed, 08 May 2013 12:48:12 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=150061 A return is not false where the assessee fully discloses the material facts, including turnover and the basis for claiming exemption, even if the legal position on taxability is later found to be incorrect. The dispute concerned whether kutti machines were taxable, which was a question of legal classification and exemption rather than concealment of facts. On that basis, a mere unsustainable legal claim did not amount to furnishing a false return or concealment under section 43(1) of the Madhya Pradesh General Sales Tax Act. The penalty condition was therefore not met, and the penalty was held to be invalid. Case-Laws VAT and Sales Tax Mon, 03 Aug 1970 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=150061