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    <title>1984 (6) TMI 213 - ANDHRA PRADESH HIGH COURT</title>
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    <description>Penalty under section 14(8)(a) of the Andhra Pradesh General Sales Tax Act was held not leviable where the assessee&#039;s failure to file returns was found to arise from a bona fide mistake. The Tribunal treated the explanation as a question of fact, noted that the assessee was not earlier on the departmental rolls and that there was a genuine dispute whether the stone ballast supply was a sale or a works contract, and concluded that the default was not deliberate. That factual finding was left undisturbed in revision, so the assessee received the benefit of the proviso to section 14(8).</description>
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      <link>https://www.taxtmi.com/caselaws?id=154442</link>
      <description>Penalty under section 14(8)(a) of the Andhra Pradesh General Sales Tax Act was held not leviable where the assessee&#039;s failure to file returns was found to arise from a bona fide mistake. The Tribunal treated the explanation as a question of fact, noted that the assessee was not earlier on the departmental rolls and that there was a genuine dispute whether the stone ballast supply was a sale or a works contract, and concluded that the default was not deliberate. That factual finding was left undisturbed in revision, so the assessee received the benefit of the proviso to section 14(8).</description>
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