<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>1989 (6) TMI 275 - GAUHATI HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=156028</link>
    <description>Penalty under section 10-A of the Central Sales Tax Act could be imposed by the competent registration authority in Tripura, so the jurisdictional objection failed. However, penalty for an alleged section 10(b) breach required a clear finding that the dealer falsely represented goods as covered by the registration certificate, together with mens rea; a technical breach or bona fide mistake was insufficient. The proceedings were also invalid because the show-cause notice lacked essential particulars of the alleged default and the penalty order was non-speaking. The penalty was therefore quashed for want of a proper finding, fair hearing, and reasoned decision-making.</description>
    <language>en-us</language>
    <pubDate>Fri, 16 Jun 1989 00:00:00 +0530</pubDate>
    <lastBuildDate>Thu, 12 Sep 2013 14:53:17 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=173055" rel="self" type="application/rss+xml"/>
    <item>
      <title>1989 (6) TMI 275 - GAUHATI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=156028</link>
      <description>Penalty under section 10-A of the Central Sales Tax Act could be imposed by the competent registration authority in Tripura, so the jurisdictional objection failed. However, penalty for an alleged section 10(b) breach required a clear finding that the dealer falsely represented goods as covered by the registration certificate, together with mens rea; a technical breach or bona fide mistake was insufficient. The proceedings were also invalid because the show-cause notice lacked essential particulars of the alleged default and the penalty order was non-speaking. The penalty was therefore quashed for want of a proper finding, fair hearing, and reasoned decision-making.</description>
      <category>Case-Laws</category>
      <law>VAT and Sales Tax</law>
      <pubDate>Fri, 16 Jun 1989 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=156028</guid>
    </item>
  </channel>
</rss>