https://www.taxtmi.com/caselaws?id=153916 A factual finding that an assessee disclosed all transactions, acted on a bona fide view of non-taxability, and placed all material facts before the assessing authority can defeat penalty for concealment or fraudulent evasion. Where the Board of Revenue concludes on those facts that there was no concealment and no fraudulent evasion or avoidance of tax, the matter turns on appreciation of evidence rather than an independent question of law. A reference under section 15 of the Rajasthan Sales Tax Act, 1954 is therefore not maintainable on that basis, and the factual conclusion that the penalty provision is not attracted remains undisturbed. en-us Tue, 24 Aug 1982 00:00:00 +0530 Thu, 01 Aug 2013 16:02:09 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=153916 A factual finding that an assessee disclosed all transactions, acted on a bona fide view of non-taxability, and placed all material facts before the assessing authority can defeat penalty for concealment or fraudulent evasion. Where the Board of Revenue concludes on those facts that there was no concealment and no fraudulent evasion or avoidance of tax, the matter turns on appreciation of evidence rather than an independent question of law. A reference under section 15 of the Rajasthan Sales Tax Act, 1954 is therefore not maintainable on that basis, and the factual conclusion that the penalty provision is not attracted remains undisturbed. Case-Laws VAT and Sales Tax Tue, 24 Aug 1982 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=153916