https://www.taxtmi.com/caselaws?id=154164 Penalty was not sustainable for the first and second quarters where the dealer's purchase-tax liability arose only after a retrospective amendment enhanced the rate. The text states that penalty under the Act is justified only on contumacious disregard of law, and non-deposit of advance tax cannot be treated as a penal default when the commodity was not exigible to purchase tax at the relevant time. It follows the earlier Division Bench view that absence of tax liability when the default occurred is sufficient cause against penalty, so the penalty demand for those quarters was rejected in favour of the assessee. en-us Tue, 17 Jan 1984 00:00:00 +0530 Fri, 09 Aug 2013 16:06:18 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=154164 Penalty was not sustainable for the first and second quarters where the dealer's purchase-tax liability arose only after a retrospective amendment enhanced the rate. The text states that penalty under the Act is justified only on contumacious disregard of law, and non-deposit of advance tax cannot be treated as a penal default when the commodity was not exigible to purchase tax at the relevant time. It follows the earlier Division Bench view that absence of tax liability when the default occurred is sufficient cause against penalty, so the penalty demand for those quarters was rejected in favour of the assessee. Case-Laws VAT and Sales Tax Tue, 17 Jan 1984 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=154164