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    <title>1990 (7) TMI 345 - MADHYA PRADESH HIGH COURT</title>
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    <description>Penalty under section 45-B of the M.P. General Sales Tax Act is attracted only where tax is collected in contravention of the Act and Rules, including collection in excess of what is permitted. Where the dealer collected sales tax at the rate prescribed in Schedule II, a later mismatch between the total collection and the tax ultimately assessed did not by itself establish a statutory breach. Penal provisions in fiscal law must be strictly construed and cannot rest on equitable considerations. The penalty was therefore held not leviable and was set aside in favour of the assessee.</description>
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    <pubDate>Sat, 21 Jul 1990 00:00:00 +0530</pubDate>
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      <title>1990 (7) TMI 345 - MADHYA PRADESH HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=156487</link>
      <description>Penalty under section 45-B of the M.P. General Sales Tax Act is attracted only where tax is collected in contravention of the Act and Rules, including collection in excess of what is permitted. Where the dealer collected sales tax at the rate prescribed in Schedule II, a later mismatch between the total collection and the tax ultimately assessed did not by itself establish a statutory breach. Penal provisions in fiscal law must be strictly construed and cannot rest on equitable considerations. The penalty was therefore held not leviable and was set aside in favour of the assessee.</description>
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      <pubDate>Sat, 21 Jul 1990 00:00:00 +0530</pubDate>
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